Summary 2009 WY 87

Summary of Decision issued July 7, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Cubba v. Wyoming

Citation: 2009 WY 87

Docket Number: S-08-0244

Appeal from the District Court of Laramie County, the Honorable Peter G. Arnold, Judge.

Representing Cubba: Ronald G. Pretty, Cheyenne, Wyoming.

Representing State: Bruce A. Salzburg, Attorney general; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Leda M. Pojman, Assistant Attorney General.

Facts/Discussion: Cubba appealed the district court’s denial of his motion to correct a clerical error in his Judgment and Sentence. Cubba entered a guilty plea pursuant to a plea agreement for felony destruction of property and possession of marijuana with intent to deliver. He contended that the Judgment and Sentence erroneously stated that his sentences were to be consecutive rather than concurrent. For Cubba to prevail, he had to have proven that the written Judgment and Sentence differed from the sentence orally imposed. The record clearly illustrated the ambiguity in the court’s oral sentence. Cubba demonstrated only that the court made two statements, one reflecting an intent to impose consecutive sentences and the other suggesting an intent to impose concurrent sentences.

Conclusion: When the record was reviewed in its entirety, Cubba had not established that the district court unambiguously imposed concurrent sentences.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/l7fvov .

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