2011 WY 53

Summary of Decision March 24, 2011

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Case Name: Baker v. State

Citation: 2011 WY 53

Docket Number: S-10-0265

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=461860

Appeal from the District Court of Weston County, Honorable John R. Perry, Judge

Representing Appellant (Defendant): Matthew Wayne Baker, pro se.

Representing Appellee (Plaintiff): Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Justin A. Daraie, Assistant Attorney General.

Date of Decision: March 24, 2011

Facts: Appellant challenges an order from the district court denying him credit against a prison sentence for time spent in a community corrections facility as a condition of probation. Appellant also contends he is due credit for time spent in jail after violating the terms of his probation, in addition to the credit the district court granted for this time.

Issues: Whether the district court properly credited Appellant’s prison sentence with time served prior to imposition of the sentence when the court (1) granted credit for time spent in jail subsequent to Appellant’s probation violations and (2) denied credit for time spent at a community corrections facility as a condition of probation.


Holdings: It is well-established that a person residing in a community correctional program is in official detention, and that time spent in a community corrections facility must be counted against a sentence that is imposed upon violation of the terms of probation. Further, because absenting oneself from a community corrections facility may lead to an escape charge, time spent as a resident in such a facility must be counted against a sentence that is later imposed upon violation of probation. Additionally, a defendant is entitled to credit for time spent in pre-sentence confinement against both the minimum and maximum sentence if he was unable to post bond for the offense of which he was convicted as well as time spent in custody awaiting disposition of probation revocation proceedings must be credited against the probationer’s underlying sentence if the incarceration is directly attributable to the underlying criminal conviction.

The district court in this action properly granted Appellant credit for the time served subsequent to his probation violations, but erred in failing to award credit to him for the 207 days spent in a community corrections facility. Accordingly, the action is affirmed in part and reversed in part, and remanded to the district court for entry of an order consistent with this opinion.

J. Burke delivered the opinion for the court.