State v. Berger

ROSE, Justice.

This action originated with a petition by Richard E. Berger for post-conviction relief under §§ 7-14-101, et seq., W.S.1977. 1

Berger was originally tried in the District Court of Teton County on a charge of assault and battery with intent to commit a felony, in violation of § 6-69, W.S.1957, 1975 Cum.Supp. [now § 6-4-503, W.S.1977]. He was found guilty and, on January 30, 1976, judgment and sentence was entered.

On May 28, 1976, Berger was brought before the trial court for proceedings under Rule 36, W.R.Cr.P., 2 at which time his sen-

tence was reduced and he was informed of his…