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Black files notice of appeal, asks for records

November 28, 2018

Confrontational Teton County inmate Joshua Roy Delbert Black has filed a notice of appeal on his own behalf after receiving a new prison sentence earlier this month from Teton County District Court.

Black, 39, has been fighting with the courts since 2014, when he was arrested for felony assault.

Black was later convicted of the severe beating of his then-girlfriend and sentenced to spend the rest of his life at the Wyoming State Penitentiary because of previous felony convictions.

Four years into his life sentence Black won an appeal on grounds of prosecutorial misconduct. The Wyoming Supreme Court overturned his assault conviction, and he returned to Teton County Jail to await a new trial.

The Teton County Prosecuting Attorney’s Office offered Black a plea deal and dropped a habitual offender enhancement in exchange for the defendant’s no-contest plea.

Teton County District Court Judge Timothy Day entered a new felony conviction Nov. 9 and sentenced Black to 6 1/2 to 10 years in prison with four years and 14 days of credit for time served.

In Black’s handwritten notice of appeal, he asks that all evidence remain in Teton County Sheriff’s Office custody rather than being returned to him and the victim.

“The items will have substantial value in the pending appeal,” Black wrote.

Black also requested a complete record of his court file and transcripts. Clerk of District Court Anne Sutton responded, writing copy fees must be paid in advance — a charge of $378 for the 755-page file — before documents would be released. In his notice Black said he’s without a lawyer because he’s out of money.“I have zero current income,” he wrote. “I have approximately $8,000 in credit card debt. I have approximately $4,000 IRS debt. I have approximately $100 in my inmate account. I can no longer afford private counsel as all funds available from family were spent in pre-trial and plea phases and I am now in debt tens of thousands of dollars in legal fees.” It isn’t yet clear from the public record if Black is trying to appeal his most recent judgment and sentence or if he plans to dispute only part of it.

With a no-contest plea, Day told Black during his sentencing hearing that he has 30 days from Nov. 9 to appeal any errors committed by the court.“It’s really my hope that you never see the inside of a jail or prison after you complete this sentence,” Day told Black during that hearing. “I really do wish the best for you, Mr. Black. I’m sure you’re disappointed. I expect you to be. But I really hope those internal changes are made and you get out and show us what you can do.”

Black has not yet been transferred to Rawlins and remains at the Teton County Jail.

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