Hitz v. State
Annotate this CaseDefendant pled guilty to felony larceny and was placed on probation subject to placement in an adult community correctional facility. Shortly after that placement, Defendant checked out of the facility and did not return. Defendant subsequently pled guilty to felony escape from official detention. The district court revoked Defendant’s probation and sentenced Defendant on both the larceny and escape convictions. A year and a half later, Defendant filed a combined Wyo. R. Crim. P. 35 motion for sentence reduction and motion for injunction seeking an order enjoining the Wyoming Board of Parole from interpreting Wyoming law in a manner that would preclude him from parole eligibility. The district court concluded that it lacked authority to rule on the motion because Defendant filed it outside the one-year period allowed for sentence reduction motions. The Supreme Court dismissed Defendant’s appeal, holding that the district court was without subject matter jurisdiction to consider Defendant’s motion on the basis that the motion was filed outside the time limits prescribed by Rule 35(b), and consequently, the Court was without jurisdiction to consider this appeal.
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