Tuesday, December 11, 2012

Summary 2012 WY 153

Summary of Decision December 11, 2012

Justice Voigt delivered the opinion for the Court. Affirmed. Justice Burke filed a dissenting opinion.


Docket Number: S-12-0126

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

Appeal from the District Court of Sheridan County, Honorable John G. Fenn, Judge.

Representing Appellant: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Eric M. Alden, Senior Assistant Appellate Counsel. Argument by Mr. Alden.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Darci A.V. Arsene, Special Assistant Attorney; Matthew F. Redle, Special Assistant Attorney. Argument by Mr. Redle.

Date of Decision: December 11, 2012

Facts: This was an appeal from the district court’s order modifying a previous deferral order entered pursuant to Wyo. Stat. Ann. § 35-7-1037 (LexisNexis 2011), the district court’s entry of judgment of conviction on one previously deferred count, and the district court’s entry of judgment and sentence on that count.

Issues: 1. Are the State’s Motion to Reconsider and the subsequent Order on State’s Motion to Reconsider, and the subsequent Judgment and Sentence nullities, and therefore void?

2. If the Motion to Reconsider was not a nullity, was it deemed denied under W.R.C.P. 6(c)(2)?

Holdings: The State’s pre-judgment Motion to Reconsider was not a nullity, and it was not a W.R.C.P 60(b) motion that was deemed denied 90 days after filing. The Court affirmed.

Justice Burke respectfully dissented. To read the full opinion and dissent, see the URL link above.

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

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