Murray v. State case brief

Murray v. State case brief summary
855 P.2d 350 (1993)

CASE SYNOPSIS

Defendant sought review of the decision of the District Court of Uinta County (Wyoming), which convicted defendant of involuntary manslaughter in violation of Wyo. Stat. Ann. § 6-2-105(a)(ii), (b) (1988), ordered restitution, and assessed penalties payable to a victim's compensation fund.

CASE FACTS
Defendant and the victim got into an argument while drinking. Later that night, the victim returned to defendant's house. Defendant fired a handgun several times. A bullet ricocheted off a rock, severing the victim's femoral artery. The victim died several hours later. Defendant was arrested but was not informed of the charges against him. Thereafter, defendant was convicted of involuntary manslaughter in violation of § 6-2-105(a)(ii), (b) (1988), ordered to pay restitution, and was a assessed penalty payable to the victim's compensation fund.

DISCUSSION

• On appeal, the court affirmed as modified. 
• The court set aside the assessed penalty because the trial court failed to determine whether defendant had the ability to pay, as required by Wyo. Stat. Ann. § 1-40-119 (Supp. 1992). 
• The trial court's decision was affirmed in all other respects. 
• The court held that, although the failure to timely notify defendant of the charges against him was a violation of Wyo. R. Crim. P. 4(c)(3) (revised 1992), defendant's arrest was not illegal. 
• Further, because the violation was not the result of the officers' bad faith and did not prejudice defendant, the exclusion of defendant's statements was not warranted.

CONCLUSION
The court set aside the portion of the trial court's decision as to the assessed penalties payable to the victim's compensation fund. The court affirmed defendant's conviction and sentence for involuntary manslaughter in all other respects.

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