Tuesday, October 4, 2011

Bar Bar Upheld

A woman who was convicted of participation in a theft scheme with her husband appealed her sentence in two respect. One, she objected to the amount of restitution. Two, she objected to a condition that prohibited her from going to bars.

The Wyoming Supreme Court agreed that the restitution order should be reversed but rejected her appeal on the bar condition and held  that the sentencing court had acted within the bounds of the law:

[The defendant] has a long hisdtory of illegal drug use and continues to use on a daily basis. A restriction on entering bars is sufficiently connected to her circumstances and furthers her rehabilitation by preventing her from being places where alcohol is purveyed, which may lessen the chance that she will replace or supplement her use of illegal drugs with alcohol and thereby hinder her rehabilitation.

The husband was sentenced to prison time. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/10/a-woman-who-was-convicted-of-participation-in-a-theft-scheme-with-her-husband-appealed-her-sentence-in-two-respect-one-she.html

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