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776 P.2d 761

Peper v. State

Wyoming Supreme Court

Decided July 11, 1989

Wyoming Supreme Court · decided 1989-07-11

Relies on Peper v. State · Mower v. State · Peterson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-07-11

How this case has been cited

Cited by 17 later decisions — most recently August 2025

17 state decisions

7019891990200020102020decided

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.

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PER CURIAM.

¶1 In this case we review an order of the district court denying appellant’s motion for reduction of sentence. We affirm.

¶2 Appellant, Terry Peper, was convicted of escape from official detention. He appealed that conviction and the judgment and sentence of the district court was affirmed on January 26, 1989. Peper v. State, 768 P.2d 26 (Wyo.1989). On March 28, 1989, Peper filed a letter in the district court requesting a reduction in sentence in the form of a credit for time served in the county jail. The district court denied the request and Peper appeals that denial. In this court, Peper requested and was granted leave to proceed in forma pauperis. He also asked that an attorney be appointed to represent him. We deny that motion.

¶3 Peper’s motion for reduction of sentence is, necessarily, brought to the courts pursuant to W.R.Cr.P. 36. Although Peper did not file a brief in this court 1 , it is readily apparent from the record on appeal that the only issue that could be raised in this appeal is the district court’s denial of his Rule 36 motion. Our precedents are well established that such a motion is addressed to the sound discretion of the trial court and the court’s decision is accorded considerable deference here. Peterson v. State, 706 P.2d 276, 278 (Wyo.1985); also see Mower v. State, 750 P.2d 679, 680 (Wyo.1988). As was the case in Peterson, there is nothing in this record to suggest the district court could not reasonably conclude as it did or that there was an error of law committed under the circumstances.

¶4 Therefore, the order of the district court denying Peper’s motion for reduction of sentence is affirmed.

1

¶5 . Appellant’s brief was due in this court not later than June 5, 1989.

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