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Duffy v. State3/21/1990
Board of Parole to release him prior to the service of the minimum sentence imposed by the district court. The decision of the court in Duffy, 730 P.2d 754, and the preceding explanation of the adjustment in the statute and the rules resolves this claim.
As a final argument, Duffy asserts that his sentence is illegal because the guilty plea was accepted in violation of Rule 15, W.R.Cr.P. The essence of this claim is Duffy's argument that the trial judge, in order to comply with Rule 15, W.R.Cr.P., must advise him that consecutive sentences could be imposed. In pertinent part, Rule 15, W.R.Cr.P., states:
"(c) Advice to defendant. — Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and inform him of, and determine that he understands, the following:
"(1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; * * *."
The record demonstrates that the trial court advised Duffy of both the maximum and minimum sentence for each offense, and it shows that Duffy was aware of the maximum sentence that he faced. At the hearing in which the court accepted his pleas of guilty, the court stated:
"THE COURT: * * * Do you recall when you were in this Court at an earlier time in August, particularly, August 14, at which time you were advised of certain of your constitutional rights, and you pled `not guilty?'
"MR. DUFFY: Yes, I do.
"THE COURT: And do you remember, I told you that under Count I of the Information, you could be imprisoned for not less than five or more than twenty-five years, and Count II, you could be imprisoned for not more than ten years or less than one year and fined $10,000?
"MR. DUFFY: Yes, I do understand."
It is clear that Duffy was advised of the maximum sentence for each offense prior to the acceptance of his guilty plea.
We have required strict compliance with the provisions of Rule 15, W.R.Cr.P., in order to demonstrate the validity of a plea of guilty and to avoid questions on post-conviction relief. Gist v. State, 768 P.2d 1054 (Wyo. 1989). See Keller v. State, 723 P.2d 1244 (Wyo. 1986); Crawford v. State, 701 P.2d 1150 (Wyo. 1985). While we have required strict compliance with the provisions of Rule 15, W.R.Cr.P., we have not added to those requirements. See Carson v. State, 751 P.2d 1315 (Wyo. 1988); Percival. There is no requirement in Rule 15 that the court advise a defendant of the possibility of the imposition of consecutive sentences. The rule only requires that the defendant be informed of the maximum sentence for each offense. The trial court complied with the rule, and Duffy's plea properly was accepted.
The product of our consideration of Duffy's claims is that he has not demonstrated an illegal sentence. Since he has not, the district court correctly dismissed his motion to correct and reduce his sentence, and the disposition by the trial court is affirmed.
URBIGKIT, Justice, dissenting.
I. NATURE OF THE APPEAL
In 1984, Scott Lee Duffy, a young man imprisoned in Colorado for burglary, placed and received calls from an ex-girlfriend in Lander, Wyoming. These calls were used to plan the robbery of his widowed grandmother for funds to accomplish his escape in Colorado. At least three people participated in the July 4th break-in and robbery of Duffy's grandmother. Within twenty-four hours, the ex-girlfriend was talking to the police. In short order, all the criminal participants were behind bars.
As a r
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