 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Blakeman v. State5/6/1988
ot be held in contempt for nonpayment of the $50.
Appointed counsel, provided by the July 10th designation order, now entered an appearance and Blakeman was returned from the Rawlins penitentiary segregation to explain. Resulting from the show cause, first incurred were expenses and penitentiary guard transportation costs for travel from Rawlins to Gillette as a 506 mile round trip, with a hearing then requiring the participation of a public defender, a public prosecutor, a publicly paid county judge, utilization of a fee reporter and appearance by two other public witnesses. Later pursued was first a district court appeal and now this Supreme Court proceeding of attempted appeal and petition for review by petition for writ of certiorari.
At the hearing, in justifying the nonpayment which, as a matter of record, was already determinable since he did not have the money, Blakeman explained:
"Q. Mr. Blakeman, where are you currently living or residing?
"A. Wyoming State Penitentiary.
"Q. How long have you been there?
"A. Thirty-eight days.
"Q. Are you the same person that pled guilty to the DUI back on July 10th of this year?
"A. Yes, sir.
"Q. What was your reason for being up here at that time?
"A. I was on furlough from the Honor Farm, awaiting my parole papers.
"Q. When you pled guilty on July 10th you were also imposed a two hundred dollar fine; is that correct?
"A. Yes, sir.
"Q. And ordered to pay fifty dollars within ten days?
"A. Yep.
"Q. Have you had any money to pay that fifty dollars?
"A. Where would I get any money? I mean no, I haven't.
"Q. You've been in maximum down there?
"A. Segregation.
"Q. Were you transported back down to the State Penitentiary after your guilty plea here?
"A. Within four hours.
"Q. Have you been there ever since?
"A. Ever since.
"THE COURT: The Court will, after the testimony of the defendant, strike the payment of fines of two hundred dollars plus the twenty dollars court costs because he does have an inability to do so from the testimony given.
"MR. FULLER [Assistant County Attorney]: Fine and court costs?
"THE COURT: Fine and court costs." (Emphasis added.)
II. CONTEMPT PENALTY CONFINEMENT SENTENCE
Eschewing argument about imprisonment for debt as presented, since all recognized that Blakeman did not have the $50, the court then observed:
"THE COURT: Well, as to the issue of separation of State and separation of powers, the Court finds that it is up to the Court or the Prosecutor to bring this act, and therefore we're not mandated to do that, to bring the contempt matter.
"The statute itself is clear. It says that under no circumstances shall a Court fail to impose the surcharge required by Subsection A and B.
"The surcharges shall be paid within ten days of imposition.
"The argument, Mr. O'Connell, as to debtor's prison, I think is probably quite good.
"Except the State does have the right by its police powers to override the Constitution; I quote State versus McAdams, in that matter, in order to maintain order and preserve an orderly society.
"Not necessarily do I agree, but that is what they have said.
"The Court does find that there was an Order, that the Order was valid as to this term, that the defendant did have knowledge of that Order.
"The fourth el
Page 1 2 3 4 5 Wyoming DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|