Jacob Donald Fritz v. The State of Wyoming, 2014 WY 44 (Wyo. 2014). · Go Syfert
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Jacob Donald Fritz v. The State of Wyoming, 2014 WY 44 (Wyo. 2014). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Chester Loyde Bird v. State (wyo, 2015-08-17)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) Chester Loyde Bird v. State
Wyo. · 2015 · confidence medium
Accordingly, Appellant's reliance on Jones is misplaced. [¶13] Appellant also contends that his sentence violates the mandate, set forth in our recent decisions in Coy v. State, 2014 WY 49, ¶ 19 , 322 P.3d 821, 826 (Wyo.2014) and Cothren v. State, 2013 WY 125, ¶ 36 , 310 P.8d 908, 918 (Wyo.2013) that "a prisoner is entitled to serve his sentence in one continuous 'stretch," and that he cannot be required to serve it in installments unless the interruption was due to escape, a parole violation, or some other fault on his part." Again, we find no merit in Appellant's claim.
cited Cited as authority (rule) Adebowale Oluseyi Adekale A/K/A Ted Adekale
Wyo. · 2015 · confidence medium
Under 12 W.R.Cr.P. 35(a): “The court may correct an illegal sentence at any time.” Coy v. State, 2014 WY 49, ¶ 21 , 322 P.3d 821, 826-27 (Wyo. 2014) (applying W.R.Cr.P. 35(a)).
cited Cited as authority (rule) Adebowale Oluseyi Adekale A/K/A Ted Adekale
Wyo. · 2015 · confidence medium
Under W.R.Cr.P. 85(a): "The court may correct an illegal sentence at any time." Coy v. State, 2014 WY 49, ¶ 21 , 322 P.3d 821, 826-27 (Wyo.2014) (applying W.R.Cr.P. 35(a)).
discussed Cited "see, e.g." Christopher Robert Hicks v. The State of Wyoming
Wyo. · 2025 · signal: see also · confidence medium
See Sen v. State, 2013 WY 47, ¶¶ 49-51 , 301 P.3d 106, 125-27 (Wyo. 2013) (finding the sentence was illegal and remanding for a new sentencing hearing); see also Coy v. State, 2014 WY 49, ¶ 21 , 322 P.3d 821, 826 (Wyo. 2014) (stating this Court remands for a new sentencing hearing when “the sentence imposed is an illegal sentence”). [¶149] For these reasons, and although we commend Mr. Hicks for his personal growth and development while serving his sentence, we find the district court did not err when it denied Mr. Hicks’ motion to correct his sentences.
Jacob Donald FRITZ, Appellant (Defendant),
v.
the STATE of Wyoming, Appellee (Plaintiff)
S-13-0213.
Wyoming Supreme Court.
Apr 8, 2014.
2014 WY 44
Kite.
Published

Order Affirming Appellant’s Conviction and Sentence And Order Remanding to District Court for Correction Of Sentencing Order

MARILYN S. KITE, Chief Justice.

[¶ 1] This matter came before the Court upon its own motion following notification that Appellant has not filed a pro se brief within the time allotted by this Court. Pursuant to a plea agreement, Appellant pled guilty to one count of felony interference with a peace officer. Wyo. Stat. Ann. § 6-5-204(b). This is Appellant’s direct appeal from the resulting conviction. On January 16, 2014, Appellant’s court-appointed appellate counsel filed a “Motion to Withdraw as Counsel,” pursuant to Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). Following a careful review of the record and the “Anders brief’ submitted by counsel, this Court, on February 5, 2014, entered its “Order Granting Permission for Court Appointed Counsel to Withdraw.” That Order notified Appellant that the district court’s “Sentencing Order” would be affirmed unless, on or before March 25, 2014, Appellant filed a brief that persuaded this Court the captioned appeal is not wholly frivolous. Taking note that Appellant, Jacob Donald Fritz, has not filed a brief or other pleading within the time allotted, the Court finds that the Appellant’s conviction and sentence should be affirmed.

[¶ 2] This Court also finds this matter should be remanded to the district court for correction of the “Sentencing Order.” The Court notes that, although Appellant was given an adequate firearms advisement (as required by Wyo. Stat. Ann. § 7 — 11—507(a)), the district court’s “Sentencing Order” does not include a statement to that effect, as required by W.R.Cr.P. 32(b)(1)(E) and Starrett v. State, 2012 WY 133, ¶¶ 11-12, 19, 286 P.3d 1033, 1037-38, 1040 (Wyo.2012). It is, therefore,

[¶ 3] ORDERED that Appellant’s conviction and sentence are hereby affirmed; and it is further

[¶ 4] ORDERED that this matter is remanded to the district court for entry of an amended sentencing order, which shall include the firearms advisement required by Wyo. Stat. Ann. § 7-ll-507(a).

[¶ 5] DATED this 8th day of April, 2014.