(DOWNLOAD) "State v. Klubertanz" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Klubertanz
- Author : Supreme Court of Wyoming
- Release Date : January 16, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1 Jack W. Klubertanz appeals an order denying his post-conviction motion for resentencing. First, he contends the circuit court erroneously exercised its discretion when it failed to adequately explain the sentence it imposed. Second, he contends the circuit court erred in deciding it did not have the authority to modify the sentence based on his argument that his sentence became unduly harsh because he was sexually assaulted while in prison. We conclude the circuit court adequately explained the sentence it imposed on Klubertanz. We also conclude the circuit court correctly decided that its authority to modify a sentence based on events that occurred after sentencing is defined by "new factor" jurisprudence. Because the sexual assault in prison is not a new factor under the case law, the circuit court correctly decided that it did not have the authority to modify the sentence based on the assault. We therefore affirm the sentence.