Ramirez v. State

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 Ramirez with presentence incarceration time - Page 504 against his minimum term, was an illegal sentence in light of Renfro v. State, 785 P.2d 491 (Wyo. 1990). The refusal of the trial court to correct the illegal sentence is an abuse of discretion, and we reverse the "Order Denying Motion to Correct Sentence" and remand the case to the district court for the entry of a judgment and sentence granting that credit.