Mark W. Hitz v. The State of Wyoming
2014 WY 58
| Wyo. | 2014Background
- Hitz pled guilty to felony larceny and was sentenced to four to six years, suspended to probation with CTC enrollment; probation violated when he failed to return from a group session.
- The district court revoked probation, reinstated the four-to-six-year sentence for larceny, and sentenced Hitz on the escape conviction to 1–3 years, running concurrent with the larceny sentence.
- On April 25, 2013, Hitz filed a combined Motion for Sentence Reduction and Motion for Injunction seeking a sentence reduction and an injunction against the Board of Parole’s interpretation of statute.
- The district court denied the motion, ruling it lacked authority due to untimeliness and lacked jurisdiction to review the Board’s interpretation or to grant injunctive relief.
- The Wyoming Supreme Court dismissed the appeal, agreeing the district court lacked jurisdiction over the combined motion and thus over the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Rule 35 sentence-reduction motion | Hitz sought reduction by Rule 35; contends timely within one year | State argues motion was filed outside the one-year limit | Untimely; district court lacked jurisdiction |
| Authority to grant injunctive relief against parole interpretation | Hitz sought injunctive relief against Board interpretation | Injunction not within Rule 35 or jurisdictional rule | District court lacked jurisdiction for injunctive relief |
| District court jurisdiction after final conviction | N/A | Kurtenbach line of cases limits post-final conviction jurisdiction | Court lacked subject-matter jurisdiction; appeal dismissed |
Key Cases Cited
- Kurtenbach v. State, 290 P.3d 1104 (Wy. 2012) (courts have no jurisdiction after final conviction unless remanded or statute/rule grants it)
- Neidlinger v. State, 230 P.3d 306 (Wy. 2010) (jurisdiction limitations after final conviction; exceptions required by rule or statute)
- Lee v. State, 157 P.3d 947 (Wy. 2007) (judicial jurisdiction constrained by finality of conviction)
- Nixon v. State, 51 P.3d 851 (Wy. 2002) (jurisdiction restricted to recognized remedies under rules)