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HERNANDEZ v. STATE

No. S-08-0229.

205 P.3d 183 (2009)

2009 WY 49

Mark Rocky HERNANDEZ, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 8, 2009.

Attorney(s) appearing for the Case

Representing Appellant: Mark R. Hernandez, Pro se.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Jenny L. Craig, Assistant Attorney General.

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

VOIGT, Chief Justice.

[¶ 1] This is an appeal from the denial of a motion to correct an illegal sentence. The appellant seeks credit for pre-sentence confinement. Finding no error, we affirm.

ISSUE

[¶ 2] Did the district court err as a matter of law in denying the appellant's Motion to Correct an Illegal Sentence?

STANDARD OF REVIEW

[¶ 3] A sentence that does not include proper credit for presentence confinement...

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