Thursday, December 20, 2012

Summary 2012 WY 162

Summary of Decision December 20, 2012

Justice Golden delivered the opinion for the Court. Dismissed.


Docket Numbers: S-11-0262


Appeal from the District Court of Weston County, Honorable Keith G. Kautz, Judge.

Representing Appellants: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; David E. Westling, Senior Assistant Appellate Counsel, Wyoming Public Defender Program.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Jeffrey Pope, Assistant Attorney General.

Date of Decision: December 20, 2012

Facts: On September, 18, 2008, this Court affirmed Matthew Kurtenbach’s conviction for making a false written statement to obtain property. On May 20, 2011, Kurtenbach filed in district court a motion entitled “Motion to Execute Sentence.” The district court denied Kurtenbach’s motion, and Kurtenbach appealed that denial.

Issues: Kurtenbach presents the following issue on appeal:

Should the district court’s sentence be ordered to be executed to give effect to subsequent sentences in other jurisdictions and to avoid an illegal sentence?

Holdings: The Court concluded that the district court did not have jurisdiction to consider the “Motion to Execute Sentence,” and therefore this Court likewise did not have jurisdiction to consider this appeal. The appeal was dismissed.

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]

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