Summary 2012 WY 90

Summary of Decision June 26, 2012


Justice Burke delivered the opinion for the Court. The district court’s decision was reversed and remanded for resentencing.

Case Name: Michael Patterson v. The State of Wyoming

Docket Number: S-11-0246

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Laramie County, Honorable Michael K. Davis, Judge

Representing Appellant (Plaintiff/Defendant): Diane M. Lozano, State Public Defender; David E. Westling, Senior Assistant Appellate Counsel.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Paul S. Rehurek, Senior Assistant Attorney General.

Date of Decision: June 26, 2012

Facts: Michael Patterson claimed that the sentence he is serving for a conviction of accessory to second degree murder is illegal.

Issues: Mr. Patterson presented a single issue: Did the district court err by reinstituting an illegal sentence? The State raised a different issue: Is Mr. Patterson’s claim barred from review under the doctrine of res judicata?

Holdings: The Court agreed with the district court that Mr. Patterson’s sentence of 240-267 months was illegal and must be set aside. The Court also concluded that the reinstituted sentence of 20-22 years is illegal, and must set it aside as well. The Court reversed the district court’s decision and remanded to the district court so that Mr. Patterson may be resentenced.

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

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