Kurtenbach v. State
290 P.3d 1101
Wyo.2012Background
- Kurtenbach was convicted in Wyoming for making a false written statement to obtain property and sentenced to two to five years on May 14, 2007.
- On May 20, 2011, Kurtenbach filed a district court motion titled 'Motion to Execute Sentence' which the district court denied.
- Wyoming appellate decision on September 18, 2008 affirmed his Wyoming conviction; bond revocation and custody actions followed in late 2008 and early 2009.
- While incarcerated in North Dakota and South Dakota for other offenses, those states ordered sentences to run concurrently with Wyoming, though Wyoming had not entered a concurrent-sentencing order.
- In February 2011 the district court informed Kurtenbach that it had not ordered concurrent running of sentences and that South Dakota could not direct Wyoming to run concurrently; in May 2011 Kurtenbach argued for execution of his Wyoming sentence and concurrency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to consider motion to execute | Kurtenbach claims district court should execute to align with other states' sentences. | State contends district court had no authority to modify or enforce concurrent execution; no proper motion exists. | District court lacked jurisdiction; this Court lacks jurisdiction. |
Key Cases Cited
- Neidlinger v. State, 230 P.3d 306 (Wy. 2010) (lack of jurisdiction when no recognized remedy exists)
- Nixon v. State, 51 P.3d 851 (Wy. 2002) (final conviction limits district court authority absent remand or express exception)
- Lee v. State, 157 P.3d 947 (Wy. 2007) (district court lacks subject-matter jurisdiction when remedy not provided by rules)
