from the District Court of Carbon County The Honorable Wade
E. Waldrip, Judge
Representing Appellee: Peter K. Michael, Attorney General;
David L. Delicath, Deputy Attorney General; Christyne M.
Martens, Senior Assistant Attorney General; Katherine A.
Adams, Assistant Attorney General.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Appellant, Elmer Candelario, challenges the district
court's decision to deny his W.R.Cr.P. 35(a) motion to
correct an illegal sentence. We will affirm.
Appellant presents a single issue: Did the district court
abuse its discretion when it denied his motion to correct an
On November 20, 2012, pursuant to a plea agreement, Appellant
pled no contest to charges of larceny, burglary, and
possession of a controlled substance, marijuana, with intent
to deliver. The district court accepted the pleas and
sentenced Appellant to prison terms of six to nine years on
the larceny charge and six to nine years on the burglary
charge, with the sentences to run concurrently. The district
court also sentenced Appellant to five to ten years on the
possession of a controlled substance with intent to deliver
charge, to be served consecutively to the other sentences. In
accordance with the plea agreement, the district court
awarded Appellant credit for 666 days previously served in
confinement, applying that credit to both the larceny and the
burglary sentences. Appellant remained in the county jail
from November 20 to December 19, a total of twenty-nine days,
before he was transferred to a Wyoming Department of
On February 22, 2016, Appellant filed a motion to correct an
illegal sentence. He asserted that his sentence was illegal
because he had not received credit for the twenty-nine days
he spent in the county jail after he was sentenced but before
he was transferred to the state facility. The district court
denied the motion, and Appellant filed a timely appeal.
When we review a district court's decision on a motion to
correct an illegal sentence, we apply this standard of
Sentencing decisions are normally within the discretion of
the trial court. Bitz v. State, 2003 WY 140, ¶
7, 78 P.3d 257, 259 (Wyo. 20003). "Such discretion is
limited, however, inasmuch as a court may not enter an
illegal sentence. A sentence is illegal if it violates the
constitution or other law." In re CT, 2006 WY
101, ¶ 8, 140 P.3d 643, 646 (Wyo. 2006) (internal case
citation omitted). Whether a sentence is illegal is a
question of law, which we review de novo. Manes
v. State, 2007 WY 6, ¶ 7, 150 P.3d 179, 181 (Wyo.
Endris v. State, 2010 WY 73, ¶ 13, 233 P.3d
578, 581 (Wyo. 2010) (quoting Jackson v. State, 2009
WY 82, ¶ 6, 209 P.3d ...