Doles v. State

Summary

The Wyoming Supreme Court affirmed Jeffrey Doles's conviction for conspiring to deliver a controlled substance. The court held that any claim concerning denial of counsel at the preliminary hearing was waived by the guilty plea, that the district court properly denied his motion to withdraw the plea, and that imposition of a consecutive sentence did not breach the plea agreement.

Holdings

1. Any error concerning denial of counsel at the preliminary hearing was waived by Doles's guilty plea because the claim was nonjurisdictional; the record also did not affirmatively establish that counsel had been denied.
2. The district court properly denied Doles's motion to withdraw his guilty plea because he failed to establish a fair and just reason for withdrawal, and the record showed compliance with W.R.Cr.P. 11.
3. The consecutive sentence did not breach the plea agreement because the agreement neither required concurrent sentences nor prohibited the prosecutor from recommending consecutive service.

Questions Presented

1. Whether the alleged denial of counsel during the circuit-court preliminary-hearing proceedings was reversible error after Doles pleaded guilty.
2. Whether the district court abused its discretion by denying Doles's presentence motion to withdraw his guilty plea based on alleged ineffective assistance and coercion.
3. Whether imposing a consecutive sentence breached the plea agreement.

Disposition

affirmed