Gunsch v. State
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The Supreme Court affirmed the decision of the district court granting the State's motion to vacate an order granting Appellant relief from the requirement to register as a sex offender and reviving Appellant's registration requirement, holding that the district court did not abuse its discretion when it granted the State's motion for relief.
Appellant petitioned the district court to terminate his duty to register as a sex offender, claiming that he met the statutory requirements under Wyo. Stat. Ann. 7-19-304(a)(i). The district court granted the petition. Thereafter, the State filed a Wyo. R. Crim. P. 60 motion alleging that Appellant was not eligible for relief from the duty to register. The district court granted the motion, finding that Appellant was not statutorily eligible for termination because he was convicted of incest as an adult and not adjudicated as a delinquent. The Supreme Court affirmed, holding that the district court's order granting the State's motion to vacate the judgment relieving Defendant from the sex offender reporting requirement was an appropriate exercise of judicial discretion.
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