Thursday, March 21, 2013

Summary 2013 WY 35

Summary of Decision March 20, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.


Docket Number: S 12 0145


Appeal from the District Court of Natrona County, Honorable David B. Park, Judge

Representing Appellant (Plaintiff/Defendant): Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; David E. Westling, Senior Assistant Appellate Counsel.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Darrell D. Jackson, Faculty Director, Emily N. Thomas, Student Director, Alan J. Dees, Student Intern, Prosecution Assistance Program.

Date of Decision: March 20, 2013

Facts: The appellant, Steven David Lunden, appeals the district court’s denial of his motion to correct illegal sentence. On appeal, he claims that the judgment and sentence entered after he pled guilty to misuse of a credit card and forgery are illegal because he was not advised that his guilty pleas may result in the disqualification of his right to possess firearms pursuant to federal law.

Issues: Did the district court err when it denied the appellant’s motion to correct an illegal sentence?

Holdings: We decline to consider the merits of the appellant’s claim because it is being raised for the first time on appeal. We also find that, had this claim been raised before the district court, it would have been barred by res judicata. We affirm.

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

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