Thursday, October 31, 2013

Summary 2013 WY 134

Summary of Decision October 24, 2013

Justice Voigt delivered the opinion for the court. Dismissed.


Docket Number: S-13-0101


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

Representing Appellant: Guillermo Eduardo Gomez, Pro se.

Representing Appellee: Peter K. Michael, Chief Deputy Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey S. Pope, Assistant Attorney General; Brian J. Fuller, Student Intern.

Date of Decision: October 24, 2013

Facts: The appellant pled guilty to one count of conspiracy to deliver methamphetamine and the district court imposed a sentence of fifteen to twenty years imprisonment. The district court also found the appellant to be a “qualified offender” under the Addicted Offender Accountability Act (AOAA), recommending the appellant complete intensive treatment for substance abuse. This Court affirmed the judgment and sentence. See Gomez v. State, 2010 WY 140, 241 P.3d 502 (Wyo. 2010). Soon thereafter, the appellant timely filed his first motion for a sentence reduction, which was denied by the district court and no appeal was taken. Two years after affirmance of his conviction, the appellant filed a second motion, pro se, seeking to modify his sentence. The district court denied the motion, finding it untimely, and the appellant now seeks relief from this Court.

Issues: The threshold issue is one that concerns jurisdiction; accordingly, we restate the controlling issue as follows: Did the district court have jurisdiction over appellant’s motion seeking to modify and reduce his sentence?

Holdings/Conclusion: The district court lacked jurisdiction to consider the appellant’s motion, and we, too, are without jurisdiction to consider the appeal. The appeal is dismissed.

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

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