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Cohee v. State

4/15/2005

rt abused its discretion in sentencing him to prison. That allegation requires no additional analysis because the very rationale and thought process that resulted in rejecting the plea agreement and denying probation resulted in the prison sentence. Permeating all of those arguments, of course, is the suggestion that the mere act of sentencing an eighty-three-year-old man to prison, in and of itself, is an abuse of discretion. However, we have thoroughly reviewed the record, including the presentence investigation report and the transcripts from the various hearings, and we simply cannot say that the judgment of the district court in that regard was unreasonable.


CONCLUSION


[ ] By pleading guilty to the charged offense, the appellant waived his right to appeal the district court's rejection of the earlier plea agreement and the district court's time limitation for the reconsideration hearing. The district court did not abuse its discretion in denying probation to the appellant or by sentencing the appellant to prison. Neither did the district court abuse its discretion or violate the appellant's rights under Article 1, § 15 of the Wyoming Constitution.


[ ] We affirm.






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