Wright v. State, No. 85-197
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Before THOMAS, C.J., BROWN, CARDINE and URBIGKIT, JJ., and GUTHRIE; THOMAS |
| Citation | 718 P.2d 35 |
| Parties | Richard Lynn WRIGHT, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Docket Number | No. 85-197 |
| Decision Date | 24 April 1986 |
Page 35
v.
The STATE of Wyoming, Appellee (Plaintiff).
Page 36
Richard Lynn Wright, pro se.
A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., and John W. Renneisen, Sr. Asst. Atty. Gen., for appellee (plaintiff).
Before THOMAS, C.J., BROWN, CARDINE and URBIGKIT, JJ., and GUTHRIE, J., Retired.
THOMAS, Chief Justice.
The only question presented in this appeal is whether the district court should have granted a motion for reduction of sentence premised upon a claim that the appellant, Richard Lynn Wright, was sentenced under the wrong statute. Wright's position in the district court was not definitive, and his request for relief has been enhanced by his argument in his brief. Wright claims that although he was convicted of the crime of burglary he should have been sentenced only for a larceny which was incidental to the burglary. He argues that because the statutory penalty for the larceny is significantly less than the statutory penalty for the burglary our cases require that he be given the benefit of sentencing under the larceny statute. It does not appear that this contention was addressed by the district court, but it is erroneous. We affirm the denial of relief by the district court.
Wright is before this court for the second time. In Wright v. State, Wyo., 703 P.2d 1102 (1985) he attempted to demonstrate error in the refusal of the district court to permit him to withdraw his plea of guilty to a charge of burglary in violation of § 6-3-301(a), W.S.1977 (June 1983 Rev.). In that first appeal he also argued that his sentence manifested an abuse of discretion on the part of the district court. Both those claims of error were rejected. Prior to the disposition of the case in this court Wright filed a Motion for Reduction of Sentence in the district court which he then amended subsequent to the decision of this court in the first appeal. In that pleading the only hint of the position argued in this court are the citations of § 6-1-101(c), W.S.1977 (June 1983 Rev.) and Attletweedt v. State, Wyo., 684 P.2d 812 (1984). The district court denied Wright's motion, and this appeal is taken from the Order Denying Motion.
In his brief Wright states the issue presented for review to be:
"Whether the appellant's sentence should have been achieved under the new criminal code (6-3-402, WS 1977), even though the appellant pleaded guilty to burglary in June of 1984."
In its...
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Amin v. State, 87-289
...post-conviction relief are limited to those of constitutional magnitude which manifest a miscarriage of justice. Wright v. State, Wyo., 718 P.2d 35 (1986); Hoggatt v. State, supra. Those issues which could have been presented on appeal are not open to challenge by a motion for post-convicti......
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Cutbirth v. State, 86-53
...post-conviction relief are limited to those of constitutional magnitude which manifest a miscarriage of justice. Wright v. State, Wyo., 718 P.2d 35 (1986); Hoggatt v. State, supra. Those issues which could have been presented on appeal are not open to challenge by a motion for post-convicti......
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Nixon v. State, 01-55.
...to those motions which raise questions of constitutional magnitude and manifest a miscarriage of justice. Cutbirth; Wright v. State, 718 P.2d 35 Gist v. State, 768 P.2d 1054, 1055 (Wyo.1989) (emphasis added). [¶ 27] We note, too, the societal interests at stake in Wyo. Stat. Ann. § 1-40-204......
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Campbell v. State, 88-152
...post-conviction relief are limited to those of constitutional magnitude which manifest a miscarriage of justice. Wright v. State, Wyo., 718 P.2d 35 (1986); Hoggatt v. State, supra. Those issues which could have been presented on appeal are not open to challenge by a motion for post-convicti......
-
Amin v. State, 87-289
...post-conviction relief are limited to those of constitutional magnitude which manifest a miscarriage of justice. Wright v. State, Wyo., 718 P.2d 35 (1986); Hoggatt v. State, supra. Those issues which could have been presented on appeal are not open to challenge by a motion for post-convicti......
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Cutbirth v. State, 86-53
...post-conviction relief are limited to those of constitutional magnitude which manifest a miscarriage of justice. Wright v. State, Wyo., 718 P.2d 35 (1986); Hoggatt v. State, supra. Those issues which could have been presented on appeal are not open to challenge by a motion for post-convicti......
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Nixon v. State, 01-55.
...to those motions which raise questions of constitutional magnitude and manifest a miscarriage of justice. Cutbirth; Wright v. State, 718 P.2d 35 Gist v. State, 768 P.2d 1054, 1055 (Wyo.1989) (emphasis added). [¶ 27] We note, too, the societal interests at stake in Wyo. Stat. Ann. § 1-40-204......
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Campbell v. State, 88-152
...post-conviction relief are limited to those of constitutional magnitude which manifest a miscarriage of justice. Wright v. State, Wyo., 718 P.2d 35 (1986); Hoggatt v. State, supra. Those issues which could have been presented on appeal are not open to challenge by a motion for post-convicti......