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Gee v. State

Supreme Court of Wyoming

January 23, 2014

Donald GEE, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

Page 582

Representing Appellant: Donald Gee, Pro se.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; and Jeffrey Pope, Assistant Attorney General.

Before KITE, C.J., and HILL, VOIGT [*], BURKE, and DAVIS, JJ.

HILL, Justice.

[¶ 1] Donald Gee, appearing pro se, appeals the district court's denial of his motion to correct an illegal sentence. Finding that Gee's claims are barred by the doctrine of res judicata, we affirm the district court's order.

ISSUE

[¶ 2] Gee presents the following issue on appeal:

Did the district court err in summary dismissal of both [Gee's] pro se petition for correction of illegal sentence and petition to correct sentence?

FACTS

[¶ 3] In 1982, a jury found Gee guilty of aggravated robbery and unauthorized use of a vehicle. He was sentenced to the Wyoming State Penitentiary for a term of forty to forty-five years on the aggravated robbery charge, and a term of eight to ten years on the unauthorized use of a vehicle charge, with the sentences to run concurrently. Gee timely appealed his conviction, challenging the admission of identification evidence from a witness who had undergone hypnosis, and this Court affirmed. Gee v. State, 662 P.2d 103 (Wyo.1983). Gee did not raise any sentencing issues in that appeal. Id.

[¶ 4] Before Gee began serving his Wyoming sentence, he was released to federal authorities to serve a sentence on unrelated federal charges. On July 20, 1983, after this Court affirmed Gee's conviction, Gee filed a Motion for Sentence Reduction, requesting that the district court amend his sentence to

Page 583

clarify that Gee's state sentence would run concurrently with his federal sentence. On September 2, 1983, the court issued an order denying the motion. Gee did not appeal the order denying his sentencing motion. On September 27, 1983, the court issued an Order Nunc Pro Tunc, clarifying that Gee's Wyoming sentence was to " run consecutively with prior prison sentences handed down in other jurisdictions." Gee did not appeal the Order Nunc Pro Tunc.

[¶ 5] On December 12, 1983, Gee filed a motion requesting that the district court either return him to Wyoming to begin serving his state sentence or vacate his state conviction. On April 23, 1984, the court ...


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