Badura v. State

8 Citing cases

  1. Daniels v. State

    909 P.2d 972 (Wyo. 1996)   Cited 2 times

    However, a challenge to the amount of restitution determined at sentencing must be made then or within the time permitted by the rules after sentencing, or the amount is fixed as res judicata, not subject to attack at a probation revocation hearing. Badura v. State, 832 P.2d 1390, 1393 (Wyo. 1992). Any challenge by Daniels concerning the restitution amount was waived by agreeing to a plan of restitution containing a specific figure owed and monthly payments and by making the required payments under the plan.

  2. In re Merritt

    Case No. 96-20227, Chapter 7, Adversary No. 96-1005 (Bankr. D. Wyo. Oct. 31, 1996)

    Even if the county court judgment is void, the judgment is res judicata and a collateral attack here is impermissible. 1B J. Moore Moore's Federal Practice ยถ 0.405[4.-1] (2d ed. 1995); Badura v. State, 832 P.2d 1390, 1393 (Wyo. 1992). Mr. Merritt next argues that the criminal restitution ordered by the county court is dischargeable. Restitution ordered as part of a state court criminal judgment is generally not dischargeable under ยง 523(a)(7) which states that a debtor is not discharged from any debt "to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss[.

  3. Ramsdell v. State

    2006 WY 159 (Wyo. 2006)   Cited 13 times
    Noting that "[o]nce the State demonstrated a failure to pay, the burden shifted to Mr. Ramsdell to establish that he had an inability to pay restitution" and he testified concerning the reasons for his failure to pay

    However, he failed to make any payments in any amount after June 7, 2004, despite his continued employment with the family's business until its closure and his employment with Clear Channel Communications. Mr. Ramsdell's failure to apply any of the funds available to him toward his restitution supports the district court's finding that he willfully failed to pay. See, e.g., Badura v. State, 832 P.2d 1390, 1393 (Wyo. 1992) (finding appellant's failure to pay anything toward restitution was willful and a legitimate reason for revoking probation). [ยถ 26] Relying on Bearden v. Georgia, 461 U.S. 660, 672, 103 S.Ct. 2064, 2073, 76 L.Ed.2d 221 (1983), Mr. Ramsdell also claims that his due process rights were violated because the district court did not consider alternatives to imprisonment.

  4. Hart v. State

    37 P.3d 1286 (Wyo. 2002)   Cited 1 times

    The trial court's discretion will be reviewed on the basis of that statutory law. Aldridge, 956 P.2d at 343 (citing Badura v. State, 832 P.2d 1390, 1391 (Wyo. 1992)). Wyo. Stat. Ann. ยง 7-9-105 (LexisNexis 2001) provides that a trial court must consider several factors when making a plan of restitution.

  5. Aldridge v. State

    956 P.2d 341 (Wyo. 1998)   Cited 15 times
    Stating appellate review of restitution orders is confined to a search for procedural error or a clear abuse of discretion

    Wyo. Stat. ยงยง 7-9-101 through 7-9-115 (1997). Badura v. State, 832 P.2d 1390, 1391 (Wyo. 1992). Our review comes with the caveat that the amount of restitution ordered by a trial court must be challenged on appeal, lest it become fixed as res judicata.

  6. Mapp v. State

    929 P.2d 1222 (Wyo. 1996)   Cited 21 times

    It is here that Mapp was provided an opportunity to demonstrate that his termination from the CAC program was no fault of his own, and, therefore, his violation of a condition of his probation should not result in revocation. Dickson v. State, 903 P.2d 1019, 1023 (Wyo. 1995); Badura v. State, 832 P.2d 1390, 1392 (Wyo. 1992). Mapp erroneously contends that due process obligated the district court to conduct a balancing test prior to admitting hearsay evidence at this stage of the determination.

  7. Dickson v. State

    903 P.2d 1019 (Wyo. 1995)   Cited 10 times
    In Dickson v. State, 903 P.2d 1019, 1025-26 (Wyo. 1995), a case under the newer form of the statute, we reversed an order of the trial court revoking probation because the trial court had sentenced Dickson without first imposing a judgment of conviction on the no contest that had been entered. It is evident that the plea entered in the case is still viable until it is annulled at the discretion of the trial court.

    In Wyoming, once the State has established the failure of a probationer to pay restitution as ordered by the court, the probationer must establish any defense to revocation based on his alleged inability to pay. Badura v. State, 832 P.2d 1390 (Wyo. 1992). Dickson testified he was financially unable to make the restitution payments.

  8. Christensen v. State

    854 P.2d 675 (Wyo. 1993)   Cited 19 times
    Holding that a written judgment and sentence order may be used to clarify an ambiguous oral sentence

    We have held that "[t]he defendant must challenge the amount of restitution determined at sentencing * * * or the amount is fixed as res judicata, not subject to attack at a probation revocation hearing." Badura v. State, 832 P.2d 1390, 1393 (Wyo. 1992) (citing Sanderson v. State, 649 P.2d 677, 679 (Wyo. 1982)). According to testimony at the 1992 probation revocation hearing, on March 10, 1987, the state and appellant's counsel signed an agreement stipulating the total amount of restitution to be paid at $135,000.