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In District Court on Monday afternoon, a sentencing was continued in a case against Justin Spence. Following a three-day trial in late April, Spence was found guilty of incest, which states he molested a juvenile on July 4 or 5, 2014.
Though Spence was scheduled for sentencing on Monday his attorney, Travis Smith, argued there was a delay in getting the pre-sentence investigation (PSI) to his client. This delay, he said, meant Spence has not had the PSI in his possession for at least 10 days as required, to allow him to go over it and gather any witnesses to testify on his behalf. Several witnesses were present during Monday’s proceedings.
Smith went on to state he did not receive the PSI from the Probation and Parole Office, but instead from Marcia Bean. However, during arguments in regard to the motion to continue sentencing it was found Smith received the PSI from Bean on Sept. 5, and got it to Spence on Sept. 12.
Judge Robert Skar said it was Smith’s responsibility to get the PSI to his client. The judge chose to continue the sentencing not because of any code violation, but because Spence had several witnesses to call.
Also in court, Christian Irvin was sentenced to three to seven years at the state penitentiary.
Irvin was sentenced on Nov. 17, 2014, to five years probation for possession of a controlled substance with intent to deliver. A motion was made on March 7, 2016, to revoke that probation, and Irvin admitted to those allegations. He was sentenced to three to seven years, though that sentence was suspended and he was placed back on the five-year probation sentence.
Another motion to revoke that probation was filed on Feb. 9, 2017, and alleged he failed to report for a random urine analysis, failed to seek treatment and, in another urine analysis, tested positive for amphetamine and methamphetamine. He admitted to those allegations as well.
Judge Skar said Irvin has had a number of opportunities to beat this, but it now looks like he’ll have to take those opportunities down south.
Joshua Hoyer pleaded guilty to possession of methamphetamine with intent to deliver. In exchange for the guilty plea, further charges including possession of meth, possession and two counts of failure to register as a sex offender were dismissed.
Also under the agreement, the State of Wyoming will not argue for a prison sentence of more than five to eight years. However, Judge Robert Skar explained the court could impose a higher sentence, as the maximum is 20 years.
The charge to which Hoyer pled stems from a Dec. 4, 2016, incident during which he was contacted by Autumn Boyle, who asked him to obtain the drug.
A sentencing date for Hoyer has not been set.
An arraignment was scheduled for Autumn Boyle, on charges of possession of methamphetamine with intent to deliver and possession of methamphetamine. The charges stem from a March 6 incident.
However, Boyle has been attending treatment at the Central Wyoming Counseling Center in Casper and it was recommended she continue with a sober living center program. Her bond was modified to allow her into the program, and her arraignment was postponed. She was also warned that failure to complete the program would be grounds for bond revocation.
Boone Myers entered a guilty plea to a charge of possession of marijuana, third or subsequent offense. However, that plea will be held off record until a PSI is completed and the plea is determined appropriate.
The charge is from a July 6 incident, during which a vehicle Myers was driving was stopped. An officer detected a strong odor of what he believed was an alcoholic beverage and noticed Myers showed signs of impairment. Following field sobriety maneuvers, Myers was arrested for driving under the influence. Upon search of the vehicle, an open bottle of liquor was found as well as a baggy with a substance that later tested positive for marijuana.
Prior possession convictions against Myers are listed from June 4, 2009, and Dec. 20, 2010.
Arthur Grieve pleaded guilty to strangulation of a household member and domestic battery. The charges are from a Nov. 25, 2016, incident and court documents state he pushed Deanna Morgan against a door, slammed her back into and grabbed her head an slammed it into the door hinge. Documents further state Morgan said Grieve choked her twice.
Wade Grieve has also pleaded guilty to two counts of possession of a controlled substance — one felony and one misdemeanor — and a count of forgery. The charges are from two separate cases. Grieve had modified a notice to quit, whiting out the name on it and putting another name. His home was also searched and methamphetamine was found. He admitted the drug was his.
Grieve will be sentenced in all three cases, but no sentencing date has been set.
Sean Protzman pleaded not guilty to two counts of driving under the influence and possession of a controlled substance with two alleged prior offenses.
According to court documents, an officer with the Wyoming Highway Patrol stopped a vehicle Protzman was driving, to check on his welfare. The officer considered he was scouting for wildlife.
Protzman said he was turning around because he missed his turn, and the officer detected an odor of alcohol. Protzman further stated he was looking for the Sand Draw road so he could camp.
It was later found Protzman had a warrant out for him from Nebraska, for failure to appear on a driving under the influence charge. Found in his vehicle was a substance that tested positive for marijuana, paraphernalia and container with alcohol in it.
Trial for Protzman is expected to take two days, though no official date has been set.
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