Legal Opinion

Keller v. State

Wyoming Supreme Court

Decided August 27, 1986No. 86-54PublishedCited by 17 opinions

1Opinion of the Court

CARDINE, Justice.

Appellant Michael J. Keller appeals from the denial of his motion to correct sentence.

The issue in this appeal is whether Rule 15(c), W.R.Cr.P., requires a trial judge to advise a defendant that restitution may be imposed in sentencing as an element of the maximum possible penalty.

We reverse.

FACTS

Keller was arraigned on November 30, 1984, on a charge of destruction of property in violation of § 6-3-201, W.S.1977. At the arraignment, the trial judge informed Keller of the charge and the possible penalty as follows:

“THE COURT: So, to summarize, Mr. Keller, you have been charged…

2Cases cited10 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. Sanchez v. StateWyoming Supreme Court · 1977
  3. McArtor v. StateWyoming Supreme Court · 1985
  4. Hoggatt v. StateWyoming Supreme Court · 1980
  5. Cardenas v. MeachamWyoming Supreme Court · 1976

5 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Stephens v. StateWyoming Supreme Court · 1989
  2. Duffy v. StateWyoming Supreme Court · 1990
  3. Worcester v. StateWyoming Supreme Court · 2001
  4. State v. BradySupreme Court of Iowa · 1989
  5. Johnston v. StateWyoming Supreme Court · 1987

12 more not listed; retrieve them via the Exa API.

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