Summary 2010 WY 54

Summary of Decision issued April 27, 2010

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

Case Name: Neidlinger, Sr. v. State

Citation: 2010 WY 54

Docket Number: S-09-0096

Appeal from the District Court of Laramie County, the Honorable Thomas T.C. Campbell, Judge.

Representing Appellant Neidlinger, Sr.: Diane M. Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel.

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

Facts/Discussion: Neidlinger, Sr. appealed the district court’s “Order Denying Defendants’ Motion to Withdraw No Contest Plea.” He contended that the district court abused its discretion in denying that motion.

The circumstances of the case are indistinguishable from those presented in Nixon and Brown. Neidlinger appealed his judgment and sentence on February 27, 2007. The court affirmed the conviction and sentence in all respects. His motion to withdraw the plea was filed nearly two years later which was untimely, therefore the district court did not have jurisdiction to entertain the motion. The district court only has jurisdiction to act if the case has been remanded or if a specific express exception conferring jurisdiction is created by a rule or statute.

Conclusion: The district court’s Order Denying Early Discharge from Probation and Order Revoking Probation and Imposing Sentence are affirmed in all respects. Neidlinger’s appeal of the district court’s Order Denying Defendant’s Motion to Withdraw No Contest Pleas was dismissed for lack of subject matter jurisdiction.

Dismissed.

J. Burke delivered the decision.

Link: http://tinyurl.com/26orzro .

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