Manes v. State

Summary

The Wyoming Supreme Court affirmed the denial of Edward Manes's motion to correct his sentence. The court held that he received all presentence incarceration credit to which he was entitled for the explosives conviction and was not entitled to additional credit based on the concurrent status of his sentences.

Holdings

1. A sentence that violates constitutional or statutory law, including one that fails to include proper presentence-incarceration credit, is an illegal sentence subject to correction at any time under W.R.Cr.P. 35(a), and the legality of the sentence is reviewed de novo.
2. Manes was not entitled to additional presentence-incarceration credit because the five days at issue were attributable solely to the drug case and occurred before his arrest on the explosives charge; the remaining confinement had already been credited.

Questions Presented

1. Whether the district court erred in refusing to correct Manes's sentence.
2. Whether Manes was entitled to an additional five days of presentence-incarceration credit against the explosives-case sentence after that sentence was modified to run concurrently with the drug-case sentences.

Disposition

affirmed