Joseph Carl Underwood v. The State of Wyoming
CourtWyoming Supreme Court
Date FiledOctober 5, 2026
DocketS-26-0004
StatusPublished
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Full Opinion
THE SUPREME COURT, STATE OF WYOMING
2026 WY 110
OCTOBER TERM, A.D. 2026
October 5, 2026
JOSEPH CARL UNDERWOOD,
Appellant
(Defendant),
v. S-26-0004
THE STATE OF WYOMING,
Appellee
(Plaintiff).
Appeal from the District Court of Park County
The Honorable Bill Simpson, Judge
Representing Appellant:
Office of Public Defender: Patricia L. Bennett, State Public Defender;* Kirk A.
Morgan, Chief Appellate Counsel; Dina F. Hardwick, Senior Assistant Appellate
Counsel.
Representing Appellee:
Keith G. Kautz, Attorney General; Jenny L. Craig, Deputy Attorney General;
Kristen R. Jones, Senior Assistant Attorney General; John J. Woykovsky, Senior
Assistant Attorney General.
*An Order Substituting Patricia L. Bennett for Brandon Booth was entered on April 15, 2026.
Before BOOMGAARDEN, C.J., and GRAY, FENN, JAROSH, and HILL, JJ.
NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are
requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of
any typographical or other formal errors so that correction may be made before final publication in the
permanent volume.
FENN, Justice.
[¶1] Joseph Carl Underwood entered Alford1 pleas to two felonies and two
misdemeanors: concealing a felony by disposing of a dead human body in a hidden,
undisclosed, and transient location; possessing a firearm after having been convicted of a
felony; interference with a peace officer; and fleeing or attempting to elude police officers.
On appeal, he challenges the voluntariness of his pleas, arguing the district court failed to
provide accommodations for his intellectual disability, specifically by failing to provide an
informed assistant during court proceedings. Mr. Underwood failed to establish plain error
because the record does not establish an informed assistant was a mandated
accommodation; the record shows the district court provided the approved
accommodations; and the totality of the circumstances demonstrates Mr. Underwood’s
pleas were knowing and voluntary. We affirm.
ISSUE
[¶2] Mr. Underwood presents one issue on appeal, which we rephrase as follows: Did
the district court commit plain error by failing to provide accommodations for Mr.
Underwood’s intellectual disability, rendering his Alford pleas involuntary?
FACTS
[¶3] On November 2, 2019, a hunter discovered human remains in a local hunting area
in Park County, Wyoming. The remains were later identified as Angela Elizondo, who had
been reported missing from Laramie County, Wyoming. While law enforcement secured
the scene, an officer observed a vehicle approaching the area where Ms. Elizondo’s remains
had been discovered. The driver stopped the vehicle and turned off the headlights.
Approximately 13 minutes later, the driver turned the vehicle’s headlights back on and
drove towards the scene. The officer activated his overhead lights when he saw the vehicle
moving towards the location. Rather than continuing toward the officer, the driver stopped
the vehicle and began backing away. The officer followed the vehicle out of the area and
notified dispatch.
[¶4] The driver attempted to flee but eventually pulled to the side of the road. An officer
ran the vehicle’s registration and identified the driver as Joseph Underwood, whom the
officer knew to be a person of interest in connection with the crime scene. As officers
approached Mr. Underwood, they observed he was holding a handgun to his head. Officers
engaged in a standoff that ultimately ended when an officer lunged through Mr.
Underwood’s window and grabbed the handgun with sufficient force to eject the round
from the chamber. After the officers disarmed Mr. Underwood, they secured and arrested
him.
1
North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970).
1
Laramie County Proceedings
[¶5] Following an investigation, Mr. Underwood was charged in Park County with
concealing a felony, being a convicted felon in possession of a firearm, interference with a
peace officer, and fleeing and attempting to elude law enforcement (Park County Charges).
In Laramie County, Mr. Underwood was charged with first degree murder, first degree
sexual assault, two counts of strangulation and one count stalking in connection with Ms.
Elizondo’s death (Laramie County Charges). When a warrant was issued for Mr.
Underwood in Laramie County, the Park County Charges were dismissed without
prejudice, and Mr. Underwood was transferred to the Laramie County Detention Center.
On January 24, 2020, all the Laramie County Charges except the first-degree sexual assault
charge were bound over to the district court.
Laramie County Competency Evaluations
[¶6] On February 19, 2020, the Laramie County District Court ordered Mr. Underwood
to undergo a competency evaluation to see if he was fit to proceed to trial. In March 2020,
Max Wachtel, Ph.D., found Mr. Underwood was not competent to stand trial. Dr. Wachtel
found Mr. Underwood suffered from a mild neurocognitive disorder attributable to a brain
injury Mr. Underwood sustained when he was younger. He opined: Mr. Underwood
“showed severe impairment in a number of areas, including his ability to learn and
remember new information and to pay attention and follow a logical line of reasoning. He
had difficulty explaining himself, his opinions, and his understanding slash appreciation
for many aspects of the legal process.” Dr. Wachtel found “Mr. Underwood’s issues are
currently impairing his ability to rationally work with his defense counsel (even though he
likes them very much and wants to cooperate) and to conduct his defense in a rational
manner.” Dr. Katherine Mahaffey from the Wyoming State Hospital conducted another
competency evaluation in September 2020 and found Mr. Underwood’s “scores showed
relative strength in language tasks and visuospatial/construction [with] relative weakness
in tasks of immediate memory.” Dr. Mahaffey noted the testing conditions of Mr.
Underwood were less than optimal, particularly for items such as memory and attention,
due to distractions and interference in the setting. On December 3, 2020, the Laramie
County District Court found Mr. Underwood was not fit to proceed. Mr. Underwood was
then transported to the Wyoming State Hospital for restoration treatment beginning
February 18, 2021.
[¶7] In Spring 2021, Alex Yufik, Ph.D., from the Wyoming State Hospital completed an
evaluation finding Mr. Underwood suffered from a mild neurocognitive disorder. Dr.
Yufik opined Mr. Underwood was competent to proceed to trial, but acknowledged due to
his neurocognitive disorder, accommodations would need to be made for Mr. Underwood
to consult effectively with counsel in his own defense. He opined:
2
Because of Mr. Underwood’s intellectual and cognitive
limitations, his relationship with counsel is expected to be
more challenging to maintain and require a great deal more
time than with other clients. It may prove more difficult to get
Mr. Underwood to provide the level of detail in a response that
would be necessary for any testimony without repeated follow
up questions and encouragement. Finally, because of his
concrete understanding and lack of detailed abstract reasoning,
counsel will need to explain the legal process in the most
concrete and simple terms.
Despite this finding, Dr. Yufik found “Mr. Underwood operates in grossly normal
neuropsychological range [and] was able to complete all the tasks within normal time and
did not require repetition or simplification of instruction.” He found Mr. Underwood
scored in the average range in all areas assessed.
[¶8] On June 1, 2021, and August 27, 2021, the Laramie County District Court conducted
a two-part hearing in which it heard testimony from Dr. Yufik and Dr. Wachtel and
considered the competency evaluations. After having heard all of the evidence, the
Laramie County District Court determined the State failed to prove by a preponderance of
the evidence Mr. Underwood was competent to proceed but found “there [was] a
substantial probability that Mr. Underwood [could] be restored within the foreseeable
future pursuant to [Wyo. Stat. Ann.] § 7-11-303(g)(i)(B)(II)[(2021).]” The court ordered
Mr. Underwood to be held at the Wyoming State Hospital pursuant to Wyoming Statute
§ 7-11-303(g)(i)([D]) until there was a determination he was fit to proceed. The court
further “suggest[ed] the Wyoming State Hospital conduct a neuropsychological
examination and that Mr. Underwood participate in speech therapy and occupational
therapy[.]”
[¶9] In February 2022, the Wyoming State Hospital referred Mr. Underwood to Daniel
Martell, Ph.D., A.B.P.P., for a forensic neuropsychological consultation regarding his
competency to stand trial considering his history of severe traumatic brain injury. Dr.
Martell examined and tested Mr. Underwood for approximately seven hours on February
28, 2022. Based on Dr. Martell’s review of Mr. Underwood’s records and his own
examination, he opined to a reasonable degree of forensic neuropsychological certainty
that Mr. Underwood has a neurocognitive disorder that is permanent and was not expected
to improve with time or treatment. Despite this mental illness and deficiency, Dr. Martell
opined “Mr. Underwood retains the capacity to comprehend his position, to understand the
nature and object of the proceedings against him, and to conduct his defense in a rational
manner.” However, Dr. Martell opined due to his mental deficiency in particular, Mr.
Underwood “lacks the capacity to cooperate with counsel effectively in the courtroom,
attend to the proceedings effectively, remember what he hears, and process events
adequately in real time such that his capacity to consult with counsel in the pursuit of his
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defense . . . is substantially impaired.” With regard to overcoming this with
accommodations, Dr. Martell did “not believe that there are realistic options for
accommodating Mr. Underwood’s neurocognitive impairments in court.” Dr. Martell
believed it was “unlikely that the pace of real-time courtroom proceedings could be
adequately ‘slowed down’ in an effective manner that would permit [Mr. Underwood] to
keep up sufficiently.” Accordingly, Dr. Martell opined Mr. Underwood was not fit to
proceed and there was not a substantial probability he would become fit to proceed in the
foreseeable future.
[¶10] Despite this finding, Dr. Martell opined that Mr. Underwood accurately described
the charges he was facing, identified his plea options, and accurately described what would
happen if he pled not guilty or guilty. He stated Mr. Underwood was “able to explain the
plea bargain process” and specifically Mr. Underwood explained, “You say I’ll plead guilty
to this charge if you dismiss these other ones or suspend years and have probation. You
plead to a lesser degree, less years.” Dr. Martell further described Mr. Underwood
understood the advantages if he pursued a plea bargain, such as a lower sentence, but also
the disadvantages, such as giving up certain rights, like the right to a jury trial.
[¶11] On April 15, 2022, Dr. Yufik sent a letter to the Laramie County District Court
stating, “Mr. Underwood has not been restored to competency, and there is no substantial
probability that he could be restored to competency in the foreseeable future or ever.” Dr.
Yufik determined Mr. Underwood had the capacity to comprehend his position, understand
the nature and object of the proceedings against him, and to conduct his defense in a
reasonable manner. However, Dr. Yufik concluded Mr. Underwood “lack[s] the capacity
to cooperate with his counsel to the end that any available defense may be interposed,” and
based on the information that was available, he was not fit to proceed. Dr. Yufik concluded
“there is not a substantial probability that [Mr. Underwood] could be restored to a state of
legal competency even if provided with a continuous course of treatment.” Notably, Dr.
Yufik’s letter made no mention of whether accommodations could be made to enable Mr.
Underwood to cooperate with counsel, despite having previously discussed the possibility
of such accommodations in his earlier evaluation.
[¶12] After having received the letter from the Wyoming State Hospital, the Laramie
County District Court conducted a hearing. At the hearing, the Laramie County District
Attorney and Mr. Underwood’s counsel agreed with the Wyoming Sate Hospital’s
findings. The Laramie County District Court therefore found Mr. Underwood was not fit
to proceed, and there was no substantial probability he would become fit to proceed in the
foreseeable future. The Laramie County District Court dismissed the Laramie County
Charges with prejudice.
Park County Circuit Court Proceedings
[¶13] After learning the Laramie County District Court dismissed the charges against Mr.
4
Underwood, the Park County Prosecuting Attorney (State) refiled the previously dismissed
Park County Charges against Mr. Underwood on July 5, 2022. Mr. Underwood was
transferred to the Park County Detention Center. On July 15, 2022, Mr. Underwood’s
counsel filed a motion for evaluation pursuant to Wyoming Statute § 7-11-303 (2021). The
Park County circuit court ordered Mr. Underwood to undergo a competency evaluation.2
[¶14] On December 19, 2022, Steven Nelson, Ph.D., from the Wyoming State Hospital
filed his forensic evaluation regarding Mr. Underwood’s competency to proceed. Dr.
Nelson found Mr. Underwood “did not exhibit apparent symptoms of a mental illness[,]”
but “did exhibit a mild intellectual disability.” Dr. Nelson found Mr. Underwood
demonstrated the presence of a neurocognitive disability but was “presently capable of
understanding the nature and objective of legal proceedings against him and [was] capable
of assisting counsel in his own defense, if adequate accommodations [were] provided.” Dr.
Nelson agreed with Dr. Yufik that there was no means of restoring Mr. Underwood’s
neurological functioning. However, Dr. Nelson determined with reasonable
accommodations and a flexible approach by the court, including necessary modifications
to the pace of proceedings, Mr. Underwood could be afforded adequate time and mental
space to process the information presented to him and to understand, consider, and make
the choices and decisions required of him. Dr. Nelson noted Mr. Underwood “possesse[d]
much of the knowledge requisite for” “participat[ing] in helping his attorney discuss legal
strategy, confront[ing] witnesses, and consider[ing] his own potential testimony.” He
found Mr. Underwood was “aware of the charges against him and what they could mean
to him[,] ha[d] an adequate understanding of court procedure and the adversarial process[,]
underst[ood] potential pleas and what it means to plea bargain[,] and . . . underst[ood] his
attorney [was] an advocate meant to assist him in the process.” Dr. Nelson provided a list
of accommodations Mr. Underwood’s attorney could make when meeting with Mr.
Underwood, which Dr. Yufik provided in a previous evaluation, and he recommended
accommodations that could be made in the courtroom.
[¶15] Shortly after receiving the evaluation by Dr. Nelson, Mr. Underwood filed a motion
for a second competency evaluation requesting the evaluation be completed by a
designated examiner of his choosing, specifically Dr. Wachtel or Dr. Martell. The circuit
court granted Mr. Underwood’s motion and ordered him to undergo a second examination
by either Dr. Wachtel or Dr. Martell. On July 31, 2023, Dr. Martell issued his follow-up
forensic neuropsychological evaluation of Mr. Underwood. Dr. Martell opined Mr.
Underwood “clearly understood the charges he [was] facing” and was able to list the four
charges against him, describing what police said he did, and when it happened. Dr. Martell
stated Mr. Underwood explained the trial process and proper courtroom decorum, knew
2
On a certified question involving a companion case, we held “[t]he plain language of [Wyoming Statute]
§ 7-11-303(a) confers jurisdiction to circuit courts to address the competency of a person charged with a
felony before they are bound over to the district court.” Skoric v. Park Cnty. Cir. Ct., Fifth Jud. Dist., 2023
WY 59A, ¶ 17, 532 P.3d 667, 671 (Wyo. 2023).
5
whether he had entered a plea, and identified who the judge and attorneys were on both
sides. Based on Mr. Underwood’s interactions, Dr. Martell found Mr. Underwood was
“capable of consulting with counsel with a reasonable degree of rational understanding
outside the courtroom setting.” However, Dr. Martell opined that Mr. Underwood’s
competency was severely impaired “in his neurocognitive processing speed that grossly
undermine[d] his ability to keep up with courtroom proceedings in real time, and then
consult . . . with counsel effectively during ongoing courtroom proceedings.” He found
“there [were not] realistic options for effectively accommodating [Mr. Underwood’s]
neurocognitive impairments in court without a severe disruption of normal courtroom
proceedings.” Dr. Martell found it was “unlikely that the pace of real-time courtroom
proceedings could be adequately ‘slowed down’ in an effective manner that would permit
[Mr. Underwood] to keep up sufficiently, even with the assistance of an assistant.” Based
on this impairment, Dr. Martell found Mr. Underwood was “permanently incompetent to
proceed to trial.”
[¶16] On March 27, 2024, the circuit court held a competency hearing where both Dr.
Nelson and Dr. Martell testified. The circuit court determined Mr. Underwood “has certain
cognitive impairments which conditionally impact his mental capacity and his ability to
proceed in any legal proceeding.” It found both experts agreed Mr. Underwood had “the
capacity to comprehend his position and to understand the nature and object of the
proceedings against him.” However, the circuit court observed their opinions diverged on
whether Mr. Underwood “could functionally conduct his defense in a rational manner and
. . . have the reasonable ability to cooperate with his counsel in any proceeding.” The
circuit court noted the experts specifically disagreed on “whether accommodations could
be practically and feasibly . . . provided in a manner which [was] reasonably calculated to
effectively mitigate the impact that [Mr. Underwood’s] neuro-cognitive deficits which
adverse[ly] affect his ability to process, recall and remember information in real time at the
pace typically required during court proceedings.” The circuit court recognized the issue
surrounding Mr. Underwood’s competency “boil[ed] down to whether accommodations
will be disruptive enough to impact the feasibility of the [c]ourt to provide such
accommodations.” Accordingly, it found the court was in “the best position to determine
whether or not such suggested accommodations will be disruptive to such a degree that
those will be more than a mere inconvenience regarding the process of proceeding in
[c]ourt.” Ultimately, the circuit court concluded:
[W]ith the use of reasonable accommodations, [Mr.
Underwood] is competent to proceed through a preliminary
hearing. He does suffer some cognitive deficits, but he is able
to engage in appropriate conversation. [Mr. Underwood]
understands the basic legal concepts and the roles of courtroom
participants. He has an adequate understanding of the charges
against him, the court processes, and if given time to process
real time information, he understands his legal options. With
6
the use and administration of appropriate aides and
accommodations, [Mr. Underwood] now conditionally has
sufficient ability to consult with his lawyer with a reasonable
degree of rational understanding and he will have a rational and
factual understanding of the proceedings against him if those
accommodations are available. Proper accommodations can
be made for [Mr. Underwood], including: (1) Simplifying
the proceedings wherever possible by paraphrasing complex
concepts into familiar terms and avoiding legal jargon; (2)
slowing down the proceedings and repeating information as
needed to allow ample time for [Mr. Underwood] to
communicate with his attorney; and (3) allowing frequent
breaks in order to provide opportunities for counsel to discuss
information and developments with [Mr. Underwood] as
needed; (4) assuring that attorneys and witnesses speak clearly
and slowly and to pause between questions posed and answers
given; (5) allow [Mr. Underwood] to signal that a pause is
needed if the pace of proceedings is moving to[o] fast for him
to process information sufficiently; (6) allow a third party
whose sole focus during a proceeding is to monitor [Mr.
Underwood] and ensure [Mr. Underwood] is understanding
information presented in real time; (7) the [c]ourt can monitor
[Mr. Underwood] during the proceedings to assure that he is
able to comprehend the information occurring at each stage of
the proceeding.
(emphasis added).
[¶17] The circuit court held that “[b]ecause reasonable accommodations are necessary as
a corollary to the preliminary hearing on account of [Mr. Underwood’s] condition meeting
the definition of ‘disability’ under the Federal Americans with Disabilities Act (ADA), the
[circuit] [c]ourt believe[d] that it must also comply with the provisions of the ADA.”
Accordingly, the circuit court ordered Mr. Underwood, through counsel, to complete the
Wyoming Judicial Branch (Judicial Branch) ADA Modification Request Form and identify
the accommodations necessary to address his cognitive impairments. The circuit court
stated it would convene a hearing to address the specific accommodations, requirements,
and procedures after the Judicial Branch issued its decision on the request.
[¶18] On June 12, 2024, the Judicial Branch issued its decision regarding Mr.
Underwood’s ADA modification request. The Judicial Branch denied the request for an
informed assistant to aid in the proceeding as “they fall under personal services not
mandated by the ADA and would fundamentally alter the nature of the judicial process.”
However, the Judicial Branch found “the presiding judge retains the discretion to determine
7
if such assistance is appropriate and reasonably calculated to ensure the fairness in the
proceedings.” The Judicial Branch approved Mr. Underwood’s “[r]equests for using plain
language, slowing the pace of proceedings, providing breaks, ensuring slower questioning,
adjusting courtroom lighting, regulating courtroom access, and allowing [him] to request
additional accommodations prior to testifying.” The decision made clear an individual
judge is not precluded from further analysis when determining whether additional
accommodation was necessary to protect Mr. Underwood’s rights.
[¶19] The circuit court set a hearing on the accommodations for June 24, 2024. The record
contains no indication that this hearing occurred, what was discussed at the hearing, or
what accommodations the court determined it would provide based on the hearing and the
Judicial Branch’s decision. The record also does not establish whether the circuit court
exercised its discretion to allow Mr. Underwood to have an informed assistant in addition
to his court-appointed counsel. The record does show, however, a second public defender
entered his appearance as co-counsel on March 6, 2024. Additionally, at the preliminary
hearing on July 22, 2024, the same public defender and another public defender both
appeared on behalf of Mr. Underwood. Following the preliminary hearing, the circuit court
bound the matter over to the district court.
Park County District Court Proceedings
[¶20] The Park County District Court held an arraignment on July 30, 2024, at which Mr.
Underwood appeared with only one of his public defenders. Neither Mr. Underwood nor
his counsel objected to any accommodations the district court provided or omitted, nor did
they request any additional accommodations, including the appointment of an informed
assistant. During the arraignment, Mr. Underwood’s counsel made an oral motion for the
district court to make a competency determination but stipulated to the district court’s
receipt and consideration of the competency evaluations already in the record. Mr.
Underwood interjected and asked the district court if he could “speak to [his] lawyer in
private.” The district court paused proceedings and allowed Mr. Underwood to discuss the
matter with his attorney. Proceedings resumed approximately 30 minutes later.
[¶21] When the district court resumed the arraignment, it stated that it had reviewed the
circuit court’s competency decision and would adopt and incorporate the decision, and
specifically found “Mr. Underwood . . . [was] fit, competent, and able to proceed and
understand the allegations against him, [to] cooperate and assist [defense counsel] in his
defense and preparation of the same.” Mr. Underwood entered pleas of not guilty and not
guilty by reason of mental illness (NGMI) to all four counts in the amended information.
The district court issued two written orders following the arraignment, both of which
“adopt[ed] the Circuit Court Order on Competency (through the implementation of
reasonable accommodations).” However, neither order identified the reasonable
accommodations to be implemented. The district court ordered the Wyoming State
8
Hospital to conduct an NGMI examination of Mr. Underwood pursuant to Wyoming
Statute § 7-11-304 (2023).
[¶22] While his NGMI examination was pending, Mr. Underwood submitted two
handwritten letters requesting a new attorney and a new judge. In response, the district
court held a hearing on November 25, 2024. At the hearing, the district court denied Mr.
Underwood’s request to excuse his two court-appointed attorneys, and Mr. Underwood
withdrew his request to recuse the judge. The district court again stated on the record that
Mr. Underwood was competent and ready to proceed with accommodations, but it did not
identify or explain what those accommodations entailed. Instead, the district court
reiterated it was adopting and accepting the circuit court’s competency determination. The
district court did, however, ask on the record that law enforcement continue transporting
Mr. Underwood to the courtroom for in-person appearances rather than having him appear
virtually, so that Mr. Underwood could understand the proceedings and communicate with
the court and his attorney face-to-face.
[¶23] On January 9, 2025, the district court held a scheduling conference to determine the
status of the evaluation for Mr. Underwood’s NGMI plea. On February 21, 2025, Steve
Nelson, Ph.D., from the Wyoming State Hospital submitted his evaluation to the district
court. Dr. Nelson opined: “the weight of the evidence indicate[d] [Mr. Underwood] did
not lack the capacity to appreciate the wrongfulness of the act charged and he was capable
of conforming his behavior to the standards of law.” Although Dr. Nelson recognized Mr.
Underwood’s intellectual disability, Dr. Nelson concluded Mr. Underwood had the
capacity to understand the wrongfulness of his actions. Dr. Nelson found that Mr.
Underwood “made a conscious decision to conceal the victim’s body once he saw she was
deceased, rather than report her death to authorities.” Dr. Nelson further concluded that
Mr. Underwood formulated a plan to temporarily dispose of Ms. Elizonda’s body and later
return to “cremate” her remains, which demonstrated he wanted to conceal his actions.
Based on his findings, Dr. Nelson opined Mr. Underwood did not qualify for an NGMI
defense.
[¶24] On February 26, 2025, Mr. Underwood requested a second evaluation by a
designated examiner of his choosing. The district court granted Mr. Underwood’s request.
The record does not contain a subsequent evaluation by a designated examiner.
[¶25] On September 4, 2025, Mr. Underwood’s counsel requested a change-of-plea
hearing, which the district court set for the following day. Mr. Underwood appeared at the
hearing with only one of his court-appointed attorneys. Neither Mr. Underwood nor his
counsel objected to the accommodations provided by the district court, nor did they request
any additional accommodations, including the appointment of an informed assistant or the
appearance of his second attorney. At the hearing, the district court confirmed Mr.
Underwood understood he would be entering an Alford plea to the Park County Charges.
The district court then explained the difference between a no contest plea and an Alford
9
plea to Mr. Underwood. During that explanation, Mr. Underwood indicated he needed a
moment to speak with his attorney. The court permitted Mr. Underwood to leave the
courtroom and confer privately with his counsel in a separate room. After more than fifteen
minutes, the proceedings resumed. The district court placed on the record that Mr.
Underwood had been given an opportunity to consult privately with counsel and asked
whether he was ready to proceed. Mr. Underwood confirmed he was ready to proceed.
[¶26] The district court asked Mr. Underwood whether there was anything he needed the
court to clarify for him. Mr. Underwood’s counsel explained Mr. Underwood needed
clarification on whether an Alford plea allowed him to maintain his innocence. The district
court explained the distinction between a conventional guilty plea and an Alford plea,
including that Mr. Underwood would not admit or deny guilt but would nevertheless be
treated as having pled guilty. Mr. Underwood stated he understood the clarification. The
district court again permitted Mr. Underwood to confer with his attorney and offered him
the opportunity to take another break.
[¶27] Instead of taking a break, Mr. Underwood’s counsel spoke with Mr. Underwood in
the courtroom and then indicated to the district court when Mr. Underwood was ready to
proceed. Before reviewing the charges, the district court instructed Mr. Underwood to
interrupt if he had questions and advised him he could either confer with counsel at counsel
table or request another break to speak privately with counsel:
THE COURT: Okay. Mr. Underwood, I’m going to go through
the charges. If you have any questions about it, please interrupt
me. Stop me. I’ll try to clarify, as indicated earlier. If you need
a break to visit with [your attorney] at counsel table or if you’d
like to be excused and we’ll go off record, as we have done
earlier, you can certainly do that. Just advise the [c]ourt of your
preference. Do you understand?
Mr. Underwood stated he understood, and the district court proceeded to read the
information and affidavit of probable cause.
[¶28] The district court read each of the four charges to Mr. Underwood and the maximum
terms of incarceration and fines he could face if he pled or was found guilty. Mr.
Underwood stated he understood the elements, sentences, and fines for each of the four
Park County Charges. After reviewing the charges and confirming Mr. Underwood
understood, the district court read the affidavit of probable cause and asked if Mr.
Underwood had any questions, to which Mr. Underwood responded no. Mr. Underwood,
through counsel, then entered Alford pleas to all four counts.
[¶29] Before advising Mr. Underwood of his additional rights, the district court stated to
Mr. Underwood:
10
THE COURT: [I]t is incumbent upon the [c]ourt, regardless of
each stage of the proceedings, that I review with you these
basic rights.
So if you have any questions, please don’t hesitate to stop me
and we’ll clarify it as best we can. And as we’ve done
throughout this proceeding and others, if you need time to visit
with [your attorney] you can do that at counsel table. Or we
can go off the record and the deputy sheriffs will accompany
you to another location here in the courthouse where you can
visit with [your attorney]. And once you’ve done so, then we’ll
go back on the record. Do you understand, Mr. Underwood?
Mr. Underwood stated he understood. The district court proceeded to advise Mr.
Underwood of the rights he would waive by entering his pleas. Mr. Underwood stated he
understood the district court’s advisements. The district court confirmed Mr. Underwood
was freely and voluntarily entering his pleas, he understood the affidavit of probable cause,
and he wanted his pleas to stand:
THE COURT: And with that said, you have freely and
voluntarily entered your Alford Plea to Counts One, Two,
Three, and Four and established I have read to you the affidavit
of probable cause in detail. You indicated to me you
understood it, and you want that plea to stand of Alford to
Counts One, Two, Three, and Four in the felony information;
is that correct?
Mr. Underwood responded: “Yes, sir.”
[¶30] Pursuant to his Alford pleas, the district court adjudicated Mr. Underwood guilty on
all four counts. In doing so, the district court found Mr. Underwood had entered his pleas
freely and voluntarily, without threat or coercion, after receiving the advice and consent of
counsel, and with a “full and complete opportunity to understand” the pleas. Mr.
Underwood agreed with the district court’s statements regarding the voluntariness of his
pleas, and he declined the district court’s final invitation to ask any additional questions he
might have.
[¶31] The matter came before the district court for sentencing on October 6, 2025. The
district court sentenced Mr. Underwood to nine to ten years in prison, with credit for 653
days served, for disposing of a dead human body in a hidden, undisclosed, and transient
location to conceal a felony offense; 32 to 36 months in prison for possession of a firearm
after having been convicted of a felony; one year of incarceration, with credit for 365 days
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served, for interfering with a peace officer; and six months of incarceration, with credit for
180 days served, for fleeing or attempting to elude police officers. The district court
ordered all four sentences to run consecutively. Mr. Underwood timely appealed.
DISCUSSION
[¶32] Mr. Underwood contends his pleas were not knowing and voluntary because the
district court failed to provide the recommended accommodations for his intellectual
disability before accepting his Alford pleas and imposing sentence. He asserts the district
court conducted the change-of-plea proceeding “all while providing no informed assistant
or other suggested and approved accommodations.” According to Mr. Underwood, the
district court’s failure to provide the accommodations rendered his Alford pleas
involuntary.
[¶33] “An Alford plea has the same preclusive effect as an ordinary guilty plea.” Fuentes
v. State, 2026 WY 36, ¶ 25, 586 P.3d 1058, 1065 (Wyo. 2026). Accordingly, “[t]he only
claims not waived by an unconditional [Alford] plea are those that address the jurisdiction
of the court or the voluntariness of the plea.” Protz v. State, 2019 WY 24, ¶ 10, 435 P.3d
394, 397 (Wyo. 2019) (citation omitted). Our review is therefore limited to whether Mr.
Underwood’s Alford pleas were rendered involuntary by the absence of certain
accommodations. See generally Glenn v. State, 2026 WY 85, ¶¶ 26–27, 592 P.3d 1136,
1143 (Wyo. 2026) (explaining the appellant must tie an alleged error to the voluntariness
of the plea for the claim to be reviewable following a guilty plea).
[¶34] “[T]he standard of review for determining whether a defendant’s guilty plea was
truly voluntary is de novo.” Nguyen v. State, 2013 WY 50, ¶ 7, 299 P.3d 683, 685 (Wyo.
2013). However, Mr. Underwood concedes he did not object to the district court
proceeding without certain accommodations, including requiring an informed assistant
during court proceedings. Therefore, we review his challenge for plain error. See id. at
¶¶ 7–10, 299 P.3d at 685–86 (applying plain-error review to an unpreserved challenge to
the voluntariness of the plea when the district court lacked a sufficient factual basis to
accept the guilty plea); Zumberge v. State, 2010 WY 111, ¶ 4, 236 P.3d 1028, 1030 (Wyo.
2010) (holding a defendant’s failure to object to the district court’s alleged omission in
accommodating his hearing impairment subjected his claim to plain-error review). “Plain
error exists when: 1) the record is clear about the incident alleged as error; 2) there was a
transgression of a clear and unequivocal rule of law; and 3) the party claiming the error
was denied a substantial right which materially prejudiced him.” Nguyen, ¶ 10, 299 P.3d at
686 (quoting Kidwell v. State, 2012 WY 91, ¶ 10, 279 P.3d 540, 543 (Wyo. 2012)).
[¶35] Mr. Underwood cannot satisfy the first two elements of the plain-error analysis
because the record does not establish the district court was required to provide him with an
informed assistant or that it failed to provide any approved accommodations. To the
contrary, the record demonstrates the district court implemented the Judicial Branch’s
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ADA approved accommodations and acted to ensure Mr. Underwood understood the
proceedings. The totality of the circumstances establishes Mr. Underwood entered his
pleas knowingly and voluntarily.
[¶36] Mr. Underwood claims “[t]he record . . . clearly reflects the alleged error and shows
that the district court accepted and sentenced [him] on Alford pleas without implementing
the accommodations on which his competency was expressly conditioned.” Specifically,
he contends the district court erred by accepting his pleas without providing him with an
informed assistant during the proceeding. The record does not establish Mr. Underwood’s
competency determination was expressly conditioned on providing him with an informed
assistant or on providing any particular accommodation.
[¶37] The district court “adopt[ed] the Circuit Court Order on Competency (through the
implementation of reasonable accommodations).” However, the district court did not
identify what accommodations were required. Similarly,