2005 WY 56 - Beck v. State

How this case has been cited

Cited by 5 later decisions — most recently September 2021

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

VOIGT, Justice,

¶1specially concurring.

¶2[¶ 14] I concur in the result, but this appeal should be dismissed. See Patrick v. State, 2005 WY 32, ¶¶ 19-21, 108 P.3d 838, 844 (Wyo.2005) (Voigt, J. dissenting). The appellant filed his motion to correct a clerical mistake on September 26, 2003. Neither W.R.Cr.P. 36, nor W.R.Cr.P. 47, establishes a procedure for the district court’s timely determination of such a motion. In such event, W.R.Cr.P. 1(a) leads to the application of W.R.C.P. 6(c)(2), which states that a motion not determined within ninety days of filing is deemed denied. W.R.A.P. 2.01(a), in turn, requires that an appeal be filed within thirty days from entry of the appealable order. The appellant’s motion was deemed denied on December 26, 2003, and the time for appealing that denial expired on January 26, 2004. See Paxton Resources, L.L.C. v. Brannaman, 2004 WY 93, ¶¶ 4-18, 95 P.3d 796, 798-802 (Wyo.2004), cert. denied, — U.S. -, 125 S.Ct. 976, 160 L.Ed.2d 901 (2005) (application of W.R.A.P. 2.01 and 2.02 in a deemed-denied situation). The district court’s purported denial of the motion on February 27, 2004, had no effect because the district court lacked jurisdiction.