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Gilmer v. State

Supreme Court of Wyoming

May 7, 2014

DONALD GILMER, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

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.

Before KITE, C.J., and HILL, BURKE, DAVIS, and FOX, JJ.

HILL, Justice

[¶1] 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. We find no abuse of discretion in the court's denial of Gilmer's motion, and we affirm.

ISSUE

[¶2] 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?

FACTS

[¶3] On March 30, 2012, Gilmer entered a plea agreement by which he agreed to plead guilty to charges of strangulation of a household member, domestic battery, and reckless endangerment, which charges stemmed from an altercation with his wife and her three-year old son. Pursuant to the plea agreement, Gilmer was to receive a sentence of three to five years on the strangulation charge, suspended in favor of five years of supervised probation, a sentence of time served on the battery charge, and a dismissal of the reckless endangerment charge at sentencing. Gilmer was released on bond, pending entry of the judgment and sentence.

[¶4] On August 15, 2012, the State filed a petition to revoke Gilmer's bond on the ground that he had contact with the victim in violation of the terms of his bond. The State and Gilmer thereafter agreed to modify the terms of the plea agreement to recommend a sentence of three to five years on the strangulation charge to be served concurrent with a one year sentence on the domestic battery charge. The district court entered a sentence to that effect on September 5, 2012.

[¶5] On July 18, 2013, Gilmer filed a pro se motion to reduce his sentence pursuant to Rule 35(b) of the Wyoming Rules of Criminal Procedure. Gilmer cited his good behavior during incarceration and asked that the court move him to a community corrections program or an intensive supervision program. On August 8, 2013, the ...


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