Billis v. State

We may as well provide two chairs on the bench during sentencing — one for the judge and one for the prosecutor — and be done with pretense. I dissent for two reasons. First, I would hold that Wyoming’s separation of powers provision1 prohibits the prosecutor from exercising any power over sentencing. Second, I would hold that the 1987 amendments to what is now W.S. 7-13-301 violate Wyo. Const, art. 3, §§ 20 and 24.

I. WHAT WE HAVE HERE AND WHY I WORRY!

The majority opinion can be breathtaking at times in the display of its scholastic strength. It is, however, an excellent answer to the wrong…