Summary 2012 WY 162

Summary of Decision December 20, 2012


Justice Golden delivered the opinion for the Court. Dismissed.

Case Names: MATTHEW C. KURTENBACH v. THE STATE OF WYOMING.

Docket Numbers: S-11-0262

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

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

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