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Candelario v. State

Supreme Court of Wyoming

August 2, 2016

ELMER CANDELARIO, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

         Appeal 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.

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

          BURKE, Chief Justice.

         [¶1] 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.

         ISSUE

         [¶2] Appellant presents a single issue: Did the district court abuse its discretion when it denied his motion to correct an illegal sentence?

         FACTS

         [¶3] 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 Corrections facility.

         [¶4] 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.

         STANDARD OF REVIEW

         [¶5] When we review a district court's decision on a motion to correct an illegal sentence, we apply this standard of review:

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. 2007).

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 ...


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