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Manzanares v. State

Supreme Court of Wyoming

April 29, 2015

GERALD DAVID MANZANARES, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

Appeal from the District Court of Laramie County The Honorable Steven K. Sharpe, Judge

Representing Appellant: Gerald D. Manzanares, pro se.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Caitlin F. Young, Assistant Attorney General.

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

FOX, Justice.

[¶1] Gerald Manzanares pled guilty to one count of larceny by bailee and two counts of false statement to obtain title. He now challenges the district court's denial of his motion to amend judgment and sentence in the larceny charge, and denial of his motions to amend the captions in both criminal matters. He also argues, with regard to his larceny by bailee charge, that he was sentenced under a criminal statute that was repealed during the pendency of his proceedings. This Court lacks jurisdiction to consider the merits of any of Mr. Manzanares' arguments and we therefore dismiss.

ISSUES

[¶2] Before considering the merits of Mr. Manzanares' arguments, this Court must determine whether jurisdiction exists. We therefore present the issues as follows:

1. Does this Court have jurisdiction to review Mr. Manzanares' motion to amend judgment and sentence when he filed his notice of appeal more than thirty days after the district court's final disposition of the matter?
2. Does this Court have jurisdiction to review the denial of Mr. Manzanares' motions to amend caption when the district court had no jurisdiction over the motions, and he did not directly appeal to this Court within the period required by W.R.A.P. 2.01(a)?
3. Does this Court have jurisdiction to consider Mr. Manzanares' claim that he was sentenced under a repealed statute when he filed his notice of appeal more than thirty days after the district court's final disposition of the matter?

FACTS

[¶3] In January 2011, Larry and JoEtta Schoeler leased a house to Gerald David Shupe Jr. and several others in Cheyenne, Wyoming. In March 2011, Ms. Schoeler went to the house to collect rent but could not find the tenants, nor could she contact them by phone because their numbers were disconnected. She filed for eviction, and upon its completion entered the house, finding it "trashed" and the appliances missing. She reported the larceny to the Cheyenne Police Department, and an investigation revealed Mr. Shupe had sold the appliances. The investigation further revealed that Mr. Shupe was also known as David Roderick and David Manzanares.

[ΒΆ4] In 2012, Mr. Manzanares was a tenant in the Apollo trailer park in Cheyenne. The park manager asked Mr. Manzanares to help research titles for two trailers presumed to be abandoned, and to assist him in getting the trailers titled in the manager's name. Mr. Manzanares made quick work of the task, and the manager soon received a new title to one of the trailers. Suspicious because he had never signed any documents transferring title, the park manager contacted the Laramie County Assessor's office which sent him a photocopy of one of the documents used to obtain the new title. The park manager realized that whoever facilitated the title transfer had forged his name, and he notified the Laramie County Sheriff's Department. Mr. Manzanares admitted to forging the names of both the record owner and park manager in order ...


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