 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
City of Casper v. Fletcher5/14/1996
a fine with no jail time a jury trial is not mandated. See Brenner v. City of Casper, 723 P.2d 558 (Wyo. 1986). We then noted, however, that a first offense conviction of DWUI "advances the defendant to a position where a second conviction provides not a potential jail sentence, but a mandatory sentence." Based on that, this court held that a defendant charged with DWUI was entitled to a jury trial even if it was his first offense and jail time was not an option. 739 P.2d at 1224.
Initially, we must disagree with the district court's reasoning. The analysis of whether a particular statute requires a jury trial must, by necessity, focus on the penalty authorized by that statute, not what penalties are permitted under another statute. A defendant is only subject to the penalties of the charged statute, thus what he could have been charged with is irrelevant since he is not subject to sentencing under those statutes. See Lapp v. City of Worland, 612 P.2d 868, 875 (Wyo. 1980) (the right to a jury trial must be tested by the punishment authorized by the charged statute). Cheatham requires a jury trial for an offense which does not provide for jail time for an initial violation only when that conviction results in a mandatory jail term for any subsequent convictions.
The punishment authorized for a conviction under 9.08.010 is found in Casper Ordinance 1.28.010, subsections (B) and (C)(1), which provide:
B. Any misdemeanor committed in the city shall be punishable only by a fine of not more than seven hundred fifty dollars, to which may be added court costs as set by the municipal court, but not to exceed ten dollars for all violations, except as otherwise provided.
C. For the following specific misdemeanors committed and formally charged by the filing of a complaint in the municipal court for the city, the formal charge being filed within one year of any prior conviction for the same offense charged, the court shall have the power to fine under the authority of subsection B of this section, or may order imprisonment in the city jail for a period not to exceed six months, or both, to which may be added court costs as set by the municipal court, but not to exceed ten dollars for all violations, the specific violations, or amendments thereto, being:
1. Assault and battery, in violation of Section 9.08.101[.]
(Emphasis added.) In this case, unlike the situation confronted in Cheatham, multiple violations do not subject the offender to mandatory incarceration. The policy reasons identified in Cheatham which counseled for jury trials are not present in this case. Therefore, the municipal court was correct in denying respondent's motion as he was not entitled to a jury trial under these circumstances.
CONCLUSION
Unless multiple convictions under a statute result in mandatory incarceration, a jury trial is not required where the initial violation will result only in a fine. That not being the case for a violation of the City of Casper's assault and battery ordinance, the district court is reversed with instructions to reinstate respondent's conviction.
|