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WHITTEN v. STATE

No. 04-177.

110 P.3d 892 (2005)

2005 WY 55

James Thomas WHITTEN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 2, 2005.

Attorney(s) appearing for the Case

Representing Appellant: Appellant, pro se.

Representing Appellee: Patrick J. Crank, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Georgia L. Tibbetts, Senior Assistant Attorney General.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.

BURKE, Justice.

[¶ 1] James Thomas Whitten challenges the district court's order denying his motion to correct an illegal sentence. We affirm.

ISSUE

[¶ 2] Mr. Whitten sets forth the following issue on appeal with which the State substantially agrees:

Did the district court judge [err] and abuse his discretion when he denied appellant's motion to correct an illegal sentence, and when he modified his original order for restitution...

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