Donald Gilmer v. The State of Wyoming, 324 P.3d 818

Gilmer pled guilty to strangulation of a household member, domestic battery, and reckless endangerment under a March 30, 2012 plea agreement.
The plea anticipated a sentence of 3 to 5 years on the strangulation charge, suspended in favor of 5 years’ supervised probation, plus time served on the domestic battery charge and dismissal of reckless endangerment.
A bond revocation petition filed August 15, 2012 led to a modification of terms; the district court subsequently entered a sentence of 3 to 5 years on strangulation concurrent with a 1-year domestic battery sentence on September 5, 2012.
On July 18, 2013, Gilmer filed a pro se Rule 35(b) motion requesting a sentence reduction based on good behavior and completion of prison programs; the court denied it on August 8, 2013.
Gilmer timely appealed the denial, challenging whether the district court abused its discretion in denying the sentence-reduction request.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the district court abuse its discretion denying Rule 35(b) motion?	Gilmer contends good behavior warranted reduction.	State argues court properly denied based on circumstances and precedent.	No abuse of discretion; affirmed.

Carrillo v. State, 895 P.2d 463 (Wy. 1995) (denial of sentence reduction based on conduct in prison not automatically reversible)
Montez v. State, 592 P.2d 1153 (Wy. 1979) (same principle on deference to sentencing court)
Boucher v. State, 288 P.3d 427 (Wy. 2012) (sentence-reduction review limited; cannot substitute judgment)
Conkle v. State, 291 P.3d 313 (Wy. 2013) (good behavior alone does not compel reduction or show abuse)
Sanchez v. State, 314 P.3d 1177 (Wy. 2013) (good behavior in prison not automatic entitlement to reduction)
Patrick v. State, 108 P.3d 838 (Wy. 2005) (purpose of Rule 35(b) to allow reconsideration with new information)