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RAMIREZ v. STATE

No. 90-155.

800 P.2d 503 (1990)

Alonzo Jimmy RAMIREZ, Appellant (Defendant), v. STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 7, 1990.

Attorney(s) appearing for the Case

Wyoming Public Defender Program, Leonard D. Munker, State Public Defender, Steven E. Weerts, Sr. Asst. Public Defender, David Gosar, Appellate Counsel, for appellant.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Karen A. Byrne, Paul S. Rehurek, Sr. Asst. Attys. Gen., for appellee.

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

THOMAS, Justice.

The only question to be resolved in this case is whether the sentencing court abused its discretion in refusing to correct the sentence of Alonzo Jimmy Ramirez (Ramirez) by crediting him with presentence incarceration time in the amount of 334 days against his minimum sentence upon his application for relief pursuant to a "Motion to Correct Sentence" that cited Rule 36, W.R.Cr.P. It is our conclusion that the original sentence, which failed to credit...

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