Wednesday, May 07, 2014

Summary 2014 WY 59

Summary of Decision May 7, 2014

Justice Hill delivered the opinion of the Court. Affirmed.

Case Name: DONALD GILMER v. THE STATE OF WYOMING

Docket Number: S-13-0249

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

Appeal from the District Court of Laramie County, the Honorable Thomas T.C. Campbell, Judge

Representing Appellant: Donald Gilmer, pro se.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; and Jennifer Zissou, Assistant Attorney General.

Date of Decision: May 7, 2014

Facts: Donald Gilmer filed a motion to reduce his sentence based on his good behavior while incarcerated. The district court denied the motion, and Gilmer appeals.

Issue: Gilmer filed his appeal pro se, and in his statement of the issue he contends that the district court’s decision to deny the motion to reduce his sentence was wrong and unjust. The State frames the issue on appeal as follows: Gilmer pled guilty to strangulation of a household member and domestic battery. After imposition of his sentence, he filed a motion for sentence reduction due to his good behavior while incarcerated. Did the district court abuse its discretion when it denied this motion?

Holdings/Conclusion: The district court did not abuse its discretion in denying Gilmer’s motion to reduce his sentence. Affirmed.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note, when you look at the opinion, that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quotation, the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance.]

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