Penner and Van Riper v. State

In Penner and Van Riper v. State, 999 P.2d 646 (Wyo. 2000), pursuant to a plea agreement, the defendant entered a nolo plea to one count of burglary in exchange for dismissal of two other burglary counts. The district court ordered restitution on the counts that were dismissed. On appeal, the Court held that, "the record simply contains no admission of those crimes or express agreement to pay those amounts, and we are not at liberty . . . to draw from a blank record inferences that are contrary to the appellant's interest." Id