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VAN RIPER v. STATE

Nos. 98-339, 98-340.

999 P.2d 646 (2000)

Courtney James VAN RIPER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). Courtney James Van Riper, Appellant (Defendant), v. The State of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 13, 2000.

Attorney(s) appearing for the Case

Representing Appellant: Lynn Boak, Cheyenne, Wyoming.

Representing Appellee: Gay Woodhouse, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Robin Sessions Cooley, Senior Assistant Attorney General; Theodore E. Lauer, Director of the Prosecution Assistance Program; and Kevin C. Cook and Sheri K. Jones, Student Interns for the Prosecution Assistance Program. Argument by Mr. Cook and Ms. Jones.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and HILL, JJ.

LEHMAN, Chief Justice.

Courtney Van Riper (Van Riper) claims the district court abused its discretion by ordering him to pay restitution and by relying on an inaccurate presentence investigation report in sentencing him. Because the ordered restitution arises out of an offense for which Van Riper was not convicted, we agree that it was improper, and we reverse. We also hold that the district court did not abuse its discretion in determining Van Riper's prison sentence...

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