DEMILLARD v. STATE

No. S-07-0290.

190 P.3d 128 (2008)

2008 WY 93

Eric DEMILLARD, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 14, 2008.


Attorney(s) appearing for the Case

Representing Appellant: Diane Lozano, State Public Defender, PDP; Tina N. Kerin, Appellate Counsel. Argument by Ms. Kerin.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Eric Johnson, Director, PAP; Brian Hunter, Student Director, PAP; Jonah Buckley, Student Intern. Argument by Mr. Buckley.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.


KITE, Justice.

[¶ 1] The district court denied Mr. DeMillard's requests to modify the terms of his probation or to discharge him from probation. He claims on appeal that his constitutional rights were violated because he was not present during the hearing on his motions. We conclude that the hearing was not part of his criminal prosecution and he was afforded all of the process he was due under the circumstances. Consequently, no error occurred when the district...

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