Thursday, January 03, 2013

Summary 2013 WY 1

Summary of Decision January 3, 2013

Justice Davis delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0151


Appeal from the District Court of Park County, Honorable Steven R. Cranfill, Judge.

Representing Appellant: Pro se.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Susan G. O’Brien, Senior Assistant Attorney General.

Date of Decision: January 3, 2013

Facts: Slightly less than one year after his conviction for first-degree sexual abuse of a minor, Appellant Edwin Conkle filed a pro se motion for a reduction of his sentence. He sought review of the district court’s denial of that motion.

Issues: Without identifying any legal issue, Mr. Conkle offers us only the information he presented to the district court in conjunction with his motion, and asks that we reduce his sentence. We will construe his filing as a request that we determine whether or not the district court abused its discretion in denying his motion for a reduction of his sentence.

Holdings: The Court has long held the view that it would be unwise to usurp what is properly a function of the district courts by finding an abuse of discretion in denying a sentence reduction motion simply because it was supported by evidence of a defendant’s commendable conduct while incarcerated. Nothing in this case persuaded the Court to abandon that view. Affirmed.

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

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