specially concurring.
I concur in the decision and generally concur in the opinion by specific agreement that this court should not adopt, amend or disregard its rules in individual case decisions.
Within the continued obligation to improve operation of the court system, I cannot agree that this court’s attention should ignore progressive changes to adopt reasoned improvements found in modernized federal practice and procedural rules. A call to review and continued attention by the statutory rules committee and this court should always exist. The purpose of the change now found in F.R.Cr.P. 32(c)(3)(D) was to have the trial court make a finding as to the accuracy of the challenged factual proposition or to determine that no reliance would be placed on that proposition at the time of sentencing. The rule requires the trial court to record what was factually considered for the sentencing decision.
Certainty in documented decisions deters or simplistically resolves subsequent appeals, while doubt and conjecture cause or magnify. Additionally, standardization supplies a firmer practice foundation with the composite authority which is created. The assurances of nationally based precedent benefit the practicing lawyer, the trial judge and surely the appellate jurist. Believing that anything created by man can be improved, I leave comparisons of our present W.R.Cr.P. 33 and the 1983 amendments which were made to the federal rule as found in F.R.Cr.P. 32(c)(3)(D) for challenged analysis and review as a continuing judicial responsibility for recommendation of the rules committee and supervision by this court within its justice delivery system responsibilities as required by Wyo. Const, art. 5, § 2. In this case, the trial court accurately and adequately complied with the present rule.