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STATE v. MARES

No. S-13-0223.

335 P.3d 487 (2014)

2014 WY 126

The STATE of Wyoming, Appellant (Plaintiff), v. Edwin Ike MARES, Appellee (Defendant).

Supreme Court of Wyoming.

October 9, 2014.

Attorney(s) appearing for the Case

Representing Appellant: Peter K. Michael , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; Jenny L. Craig , Senior Assistant Attorney General; and Christyne Martens , Assistant Attorney General. Argument by Ms. Martens.

Representing Appellee: Diane E. Courselle , Defender Aid Program, University of Wyoming College of Law; and Graham Hersh , Student Director. Argument by Mr. Hersh.

Representing Amicus Curiae Juvenile Law Center et al: Marsha L. Levick , Philadelphia, PA; and Dona Playton , Laramie, WY.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

HILL, Justice.

[¶ 1] In 1995, Edwin Mares was convicted of felony murder as a juvenile and sentenced to life in prison, which sentence was by operation of law the equivalent of a sentence of life imprisonment without the possibility of parole. In 2013, Mr. Mares filed a motion, pursuant to Rule 35 of the Wyoming Rules of Criminal Procedure, to correct an illegal sentence. Through that motion, Mr. Mares contended that his sentence of life without the possibility...

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