Fortin v. State, 5352

CourtUnited States State Supreme Court of Wyoming
Citation622 P.2d 418
Docket NumberNo. 5352,5352
PartiesArmond Leo FORTIN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
Decision Date21 January 1981

Page 418

622 P.2d 418
Armond Leo FORTIN, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).
No. 5352.
Supreme Court of Wyoming.
Jan. 21, 1981.

William D. Norman, Casper, for appellant.

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Division, and John W. Renneisen, Asst. Atty. Gen. (argued), for appellee.

Before ROSE, C. J., * and McCLINTOCK, RAPER, ** THOMAS and ROONEY, JJ.

RAPER, Justice.

Appellant appeals from the district court's denial of a motion for correction of sentence on two grounds. First, he contends that due to the lack of competent treatment and rehabilitative programs at the Wyoming State Penitentiary, the sentence violates § 15, Art. 1 of the Wyoming Constitution; 1 and, therefore, the district

Page 419

court erred in denying the motion for sentence correction. Second, he argues that for the same reasons the sentence constitutes cruel and unusual punishment in violation of § 14, Art. 1 of the Wyoming Constitution 2 and the Eighth Amendment to the United States Constitution; 3 and, thus, the district court's denial of the motion for sentence correction was error.

We will affirm.

Appellant was charged with taking indecent liberties with a minor in violation of § 14-3-105, W.S.1977. After originally pleading not guilty and not guilty by reason of mental illness or deficiency, appellant withdrew his pleas and entered a plea of guilty. At that time a hearing was conducted and the testimony heard was later considered for purposes of sentencing. On January 15, 1980, judgment and sentence was entered, and it was ordered that appellant serve not less than three years nor more than five years in the state prison at Rawlins. Following the dismissal of his appeal by this court for failure to timely file the record, appellant moved in the district court for a correction of sentence. Appellant now appeals the district court's denial of that motion.

Motions for correction or reduction of sentences are authorized by Rule 36, W.R.Cr.P.:

"The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence. The court may reduce the sentence within 120 days after the sentence is imposed, or within 120 days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or within 120 days after entry of any order or judgment of the Supreme Court...

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10 cases
  • Brown v. State, 03-209.
    • United States
    • United States State Supreme Court of Wyoming
    • 22 d5 Outubro d5 2004
    ...those of the district court unless there is no rational basis for its conclusions. Key v. State, Wyo.1980, 616 P.2d 774. Fortin v. State, 622 P.2d 418, 420 (Wyo. 1981). The district court denied Brown's motion, finding that he had raised similar claims in a Petition for Post-Conviction Reli......
  • Hopkinson v. State, 85-132
    • United States
    • United States State Supreme Court of Wyoming
    • 23 d5 Agosto d5 1985
    ...of a motion for sentence reduction is a final appealable order. Williams v. State, Wyo., 692 P.2d 233 (1984); Fortin v. State, Wyo., 622 P.2d 418 (1981); Jones v. State, Wyo., 602 P.2d 378 (1979); Montez v. State, Wyo., 592 P.2d 1153 (1979). It was on this basis that the June 12, 1985, orde......
  • Price v. State, 85-88
    • United States
    • United States State Supreme Court of Wyoming
    • 13 d4 Março d4 1986
    ...of fact "as long as [it is] supported by substantial evidence from which a reasonable inference may be drawn." Fortin v. State, Wyo., 622 P.2d 418, 420 (1981). Clearly the lower court's finding must be accepted in this We disagree with Price's initial premise that he did not receive adequat......
  • Bonney v. State , S–10–0164.
    • United States
    • United States State Supreme Court of Wyoming
    • 22 d2 Março d2 2011
    ...of a clear abuse of that discretion. Hodgins, 1 P.3d at 1261; see also Mower v. State, 750 P.2d 679, 680 (Wyo.1988); Fortin v. State, 622 P.2d 418, 420 (Wyo.1981). “Judicial discretion is a composite of many things, among which are conclusions drawn from objective criteria; it means a sound......
  • Request a trial to view additional results

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