Mellott v. State

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The Supreme Court reversed Appellant's convictions, holding that the record did not show a factual basis for Appellant's guilty plea as to counts two through eleven, and therefore, Appellant was prejudiced by her trial counsel’s deficient performance in advising her to plead guilty to ten felony counts under Wyo. Stat. Ann. 42-4-111(a) without a factual basis to satisfy the felony threshold. Appellant pled guilty to one felony count of Medicaid fraud related to improper record-keeping, ten felony counts of Medicaid fraud for making false or misleading statements in Medicaid claims when the value of the medical assistance is $500 or more, and two counts of felony forgery. Appellant filed a Wyo. R. App. P. 21(a) motion to withdraw her pleas due to ineffective assistance, arguing that the State unlawfully charged her with counts two through eleven and that her trial counsel provided ineffective assistance because he did not challenge those charges. Instead, trial counsel advised Appellant to accept a plea agreement under which Appellant pled guilty to all charges. The Supreme Court reversed, holding that there was no factual basis for Appellant’s guilty plea as to the ten felony counts, and trial counsel provided ineffective assistance by advising Appellant to accept the plea agreement. View "Mellott v. State" on Justia Law