Summary 2009 WY 82

Summary of Decision issued June 19, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Jackson v. State

Citation: 2009 WY 82

Docket Number: S-08-0048

Appeal from the District Court of Laramie County, the Honorable Edward L. Grant, Judge.

Representing Jackson: Diane Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel; Eric M. Alden, Senior Assistant Appellate Counsel.

Representing State: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Kristin Shaun Wilkerson, Assistant Attorney General.

Facts/Discussion: Jackson appealed from an Order Revoking Probation and Imposing Sentence. He contended the district court erred in failing to award credit against his sentence for time he spent in jail awaiting resolution of the Petition to Revoke Probation.
Jackson asked the Court to reconsider their opinion in Halbleib where it recognized the general principle that a defendant must receive credit for all time spent in custody that is directly attributable to the underlying criminal charge. The Court held in Halbleib that as a matter of law, time spent in custody awaiting revocation proceedings can never be attributable to the underlying offense. In the instant case, the Court held that credit for time served awaiting probation revocation may be attributable to the underlying criminal charge in appropriate circumstances. Jackson was detained solely because of the accusation that he violated one or more conditions of his probation. Although some of the allegations would have been independent criminal activity if proven, he was never charged with a separate criminal offense as a result of the facts alleged in the petition to revoke his probation.

Conclusion: Under the undisputed facts of the case, the Court concluded that the 109 days that Jackson was detained pending resolution of the State’s petition to revoke probation were served as a result of the underlying criminal conviction. Jackson received only 55 days of credit of that time. The Court found he must also receive credit for the additional 54 days he was incarcerated pending resolution.

Reversed and remanded.

J. Burke delivered the decision.

Link: http://tinyurl.com/n4onvy .

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