Apodaca v. State

THOMAS, Justice.

The sole issue in this case is whether the trial court committed an error of law in refusing to order a sentence in an attempted sexual assault case to run concurrently with a prior sentence which Vincent Apodaca (Apodaca) was serving on parole at the time of the later conviction. Apodaca’s appeal is taken from an order denying his motion presented pursuant to WYO.R.CRIM.P. 35 in which he sought correction of an illegal sentence. We hold that the sentence is not an illegal sentence, and Wyo.R.Crim.P. 35 is not an appropriate vehicle to present the issue. The order of the…