Summary 2013 WY 80

Summary of Decision July 2, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.

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

Docket Number: S-13-0022

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

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

Representing Appellant: Matthew C. Kurtenbach, pro se.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Jeffrey S. Pope, Assistant Attorney General.

Date of Decision: July 2, 2013

Facts: The appellant, Matthew C. Kurtenbach, appeals the district court’s denial of his motion to correct an illegal sentence.

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

Holdings: We find that res judicata bars review of the issues raised by the appellant because these issues could have been raised in the first motion to correct an illegal sentence but were not. Additionally, even though he included more detailed constitutional issues in the second motion to correct illegal sentence, the appellant is making the same complaint as in the first motion―that he did not receive credit against his Wyoming sentence while incarcerated in other jurisdictions. Further, the appellant has not demonstrated good cause as to why these issues were not raised in the first motion and why the district court and this Court should now consider them. We affirm the district court’s denial of the appellant’s motion to correct an illegal sentence.

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

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