Ostwald v. State

RAPER, Justice.

This court in State v. Stern, Wyo. 1974, 526 P.2d 344, held § 6-130, W.S.1957, 1973 Cum.Supp.,1 a misdemeanor, unconstitutional. The single question of whether or not the decision was applicable prospectively or retroactively, is now raised. The defendant-appellant seeks post-conviction relief from the judgment and sentence of the district court, dated March 29, 1973, by which he was committed to the Wyoming State Penitentiary on the original version of § 6-130, 2 a felony, for a period of not less than five nor more than eight years for breaking and entering a locked and…