City of Casper v. Simonson

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The Supreme Court affirmed the ruling of the district court concluding that the probationary portion of a sentence imposed by the municipal court upon Respondent was illegal. Respondent entered a no contest plea to violating Casper Municipal Code 5.08.370(A) and (B). The municipal court sentenced Respondent to, in addition to a fine, six months of unsupervised probation. The district court reversed the municipal court’s sentence, concluding that it was illegal because the Casper ordinances governing the penalty for the possession of alcohol by a minor expressly limited that penalty to a fine and did not provide for a potential penalty of incarceration. The Supreme Court agreed, holding that the district court did not err in concluding that when no confinement is expressly authorized as a punishment for a particular offense, a sentencing court also lacks the authority to impose a period of probation upon a conviction for such an offense. View "City of Casper v. Simonson" on Justia Law

Posted in: Criminal Law

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