Friday, June 29, 2012

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


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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

No comments:

Check out our tags in a cloud (from Wordle)!