Blakeman v. State5/6/1988
ORDER DENYING PETITION FOR REVIEW ON WRIT OF CERTIORARI
This case came on before the court upon the Petition For Review on Writ of Certiorari filed herein on behalf of the Petitioner, Clayton Blakeman, on April 6, 1988; and the court having reviewed the file, the record, the Petition For Review on Writ of Certiorari, and having carefully considered the matters presented therein, finds that the Petition For Review on Writ of Certiorari should be denied, and it therefore is,
ORDERED that the Petition For Review on Writ of Certiorari be, and the same hereby is, denied.
THOMAS, J., dissents.
URBIGKIT, J., files a dissenting opinion.
URBIGKIT, Justice, dissenting.
Tendered for appellate review by this disposition of an appeal and petition for writ of certiorari are two specific United States Supreme Court decisions involving constitutional rights which we now choose to ignore. From this order denying the petition for writ of certiorari, I respectfully dissent. This court should not so casually disregard not only the Wyoming and United States Constitutions, but also Evitts v. Lucey, 469 U.S. 387, 105 S.Ct. 830, 83 L.Ed.2d 821, reh. denied 470 U.S. 1065, 105 S.Ct. 1783, 84 L.Ed.2d 841 (1985); and Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983).
I. FACTS
In mid-summer 1987, appellant Clayton Blakeman, while awaiting parole papers, was on temporary leave status to visit his home in Gillette from penitentiary confinement at the Wyoming State Honor Farm in Riverton. On July 10th he was unfortunate in being observed in erratic driving, as then arrested for driving while under the influence of intoxicating beverages, a second offense. Although, upon request, an attorney was appointed to represent him, Blakeman appeared pro se before the county court and entered a plea of guilty to the misdemeanor offense. The sentence, as then orally announced, included confinement for seven days to run concurrently with penitentiary sentence, a $200 fine and $20 court costs, with a year to pay. In addition, as part of the sentence, he was orally ordered to pay "fifty dollars" ($50.00) to the victims of crime commission within ten days." Pursuant to pro se appearance and plea, the judgment and sentence was signed and filed on July 23, 1987. In order to get the apparently nonavailable attorney, Blakeman, on June 10th, had filed an "affidavit and order for court-appointed counsel" reflecting $14 in cash and no other assets.
According to his later testimony, Blakeman was taken from the Campbell County Jail in Gillette within four hours of entry of the guilty plea and returned to the Wyoming State Penitentiary. At Rawlins, he was held in segregation to commence service of the remainder of his original sentence since the anticipated parole had apparently been withdrawn by virtue of the DWUI offense.
On the first day following filing of the DWUI sentence, July 28, the county attorney filed a motion for an order to show cause reciting:
"1. On the 10th day of July, 1987, the defendant was assessed a fifty dollar ($50.00) surcharge for victims of crime and was to pay said fee within ten (10) days of July 10, 1987.
"2. As of July 23, 1987, the County Court of Campbell County has not received said assessment from the defendant.
"3. It is in the best interest of justice that an Order to Appear and Show Cause be issued for the above named defendant."
On that same day, as responsive to the filing, the county court entered an order to show cause to Blakeman, with a scheduled hearing on August 17, to answer why he should n
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