Proper to deny sentence reduction

Wyoming Rules of Criminal Procedure

Rule: 36

Jurisdiction: WY

Bluebook Citation: Wyo. R. Crim. P. 36

where no abuse of discretion in original sentence. — There was no abuse of discretion in the imposition of the original sentence of two-to-five years on each of two counts of third- degree sexual assault, to be served consecu- tively, upon a defendant who forced an 11-year- old victim to have sex with him over a period of years and who showed only situational re- morse. Given this fact, and the fact that no error of law was committed, there was no justification for the appellate court to interfere with the trial court’s discretion in denying a motion to reduce sentence. Peterson v. State, 706 P.2d 276, 1985 Wyo. LEXIS 630 (Wyo. 1985). District court loses jurisdiction after time period. — A district court loses jurisdic- tion of a criminal case 120 days (now one year) following the date of the judgment and sen- tence and, thus, may not consider a motion to reduce a sentence filed after that time period. Stewart v. State, 654 P.2d 727, 1982 Wyo. LEXIS 420 (Wyo. 1982) (decided prior to 1987 amendment) . District court without jurisdiction to hear appeal. — Except where there has been a remand following an appeal in a criminal case, or where one of the statutes or rules, Wyo. Stat. Ann. § 1-27-101 et seq., Wyo. Stat. Ann. § 7- 14-101 through 7-14-108, or W.R.Cr.P. 35, oth- erwise expressly permits a district court to continue to assert jurisdiction over that crimi- nal case, no authority exists for the court to act in the case, and thus the district court was without jurisdiction to consider defendant’s mo- tion to withdraw his guilty plea where the motion was filed over five years after entry of his plea and over five years after his sentence was imposed. Barela v. State, 2002 WY 143, 55 P.3d 11, 2002 Wyo. LEXIS 168 (Wyo. 2002). Court may reduce sentence beyond time period. — The trial court had a “reasonable” amount of time to rule on a timely motion for sentence reduction, even if the motion had not been decided within 120 days (now one year) from the date of entry of the sentence. Arland v. State, 788 P.2d 1125, 1990 Wyo. LEXIS 32 (Wyo. 1990).

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