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Simms v. State

Supreme Court of Wyoming

June 8, 2017

KEVIN JAMES SIMMS, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

         Appeal from the District Court of Natrona County The Honorable Daniel L. Forgey, Judge

          Representing Appellant: Pro se

          Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Christyne M. Martens, Senior Assistant Attorney General; James Michael Causey, Senior Assistant Attorney General

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

          DAVIS, Justice.

         [¶1] Kevin Simms appeals from the denial of his motion for sentence reduction. His sentence required three concurrent Wyoming sentences for drug offenses to be served consecutively to a federal sentence for possession of a firearm by a felon, which was imposed earlier. His unsuccessful motion asked the Wyoming district court to modify its sentences to run them concurrently with the federal sentence. As noted below, he asks for different relief on appeal. We affirm.

         ISSUES

         [¶2] Simms expressly raises two issues, but his brief appears to advance a third. We therefore restate his claims as follows.

1. Did the district court abuse its discretion in denying the sentence reduction motion without a hearing?
2. Did the district court err in failing to sua sponte grant credit against Simms's federal sentence for presentencing confinement served in state custody in relation to his Wyoming prosecution?
3. Did the district court err in failing to sua sponte require his state sentences to be served before his federal sentence?

         FACTS[1]

         [¶3] On October 11, 2013, law enforcement officers in Natrona County supervised a confidential informant's controlled purchase of fifty-five grams of a synthetic cannabinoid from Simms.[2] Four days later, they learned from Christopher Cranford that he and Simms had been selling the substance for about two years. They ordered the powdered chemical from China for approximately $1, 000 per kilogram and transformed it into "spice" by dissolving it in grain alcohol or ether and then spraying the solution on an unidentified leafy material. Each kilogram yielded approximately fifty-nine pounds of spice. Cranford was in the process of turning his share of the enterprise over to Simms, and to that end introduced him to one of his clients, Becky Browning.

         [¶4] On November 18, 2013, the officers spoke to Browning. Between May 2012 and February 2013 she purchased spice exclusively from Cranford. Thereafter, until October 2013, she bought it exclusively from Simms. In each case she obtained two to three pounds ...


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