Summary 2008 WY 137
Summary of Decision issued November 19, 2008
Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.
Case Name: Beyer v. State
Citation: 2008 WY 137
Docket Number: S-08-0046
Appeal from the
Representing Appellant Beyer: Craig James Beyer, pro se.
Representing
Facts/Discussion: Beyer appealed the denial of his motion to correct an illegal sentence. He contended that when the probation officer ordered him to attend an inpatient substance abuse treatment program under threat of revocation and an escape charge if he did not comply, it meant that he was entitled to credit for that time toward his sentence. He incorrectly applied the statement from YellowBear that a probationer is entitled to credit for time spent in an inpatient alcohol treatment facility when a charge of escape will lie. Beyer was not cautioned by the court that he was considered to be in custody while at the program.
Holding: Beyer presented no authority for the proposition that an officer’s statement imposes official detention for the purposes of the escape statute. Beyer was not entitled to credit against his sentence for the time he spent undergoing treatment.
Affirmed.
J. Burke delivered the decision.
Link: http://tinyurl.com/5gvsrw .
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