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STATE v. KNAPP

No. 86-274.

739 P.2d 1229 (1987)

The STATE of Wyoming, Plaintiff, v. Glenn L. KNAPP, Defendant.

Supreme Court of Wyoming.

July 22, 1987.

Attorney(s) appearing for the Case

A.G. McClintock, Atty. Gen., John W. Renneisen, and Sylvia Lee Hackl, Sr. Asst. Attys. Gen., Cheyenne, for plaintiff.

Wyoming Public Defender Program, Leonard D. Munker, State Public Defender, Martin J. McClain, Deputy State Public Defender, and Julie D. Naylor, Appellate Counsel, Cheyenne, for defendant.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

BROWN, Chief Justice.

In this case, the district court reduced defendant's sentence of incarceration to probation after defendant had served only two and one-half months of his sentence of five to eight years.

The issue according to the State is:

"Can a court, pursuant to Rule 36, W.R. Cr.P., reduce a sentence of incarceration to one of probation once the defendant has been incarcerated?"

We determine that the trial court has authority to...

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