Tuesday, July 12, 2011

Summary 2011 WY 107

Summary of Order July 12, 2011

[SPECIAL NOTE: This Order uses the "Universal Citation." It was given an "official" citation when it is issued. You should use this citation whenever you cite the Order, with a P.3d parallel citation. You will also note when you look at the Order that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future Order using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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

Case Name: Freeman v. State

Citation: 2911 WY 107

Docket Number: S-11-0056

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=463976

Date of Order: July 12, 2011

In 2008, Petitioner pled guilty to one count of felony domestic battery. The district court imposed a sentence of two to four years, which was suspended in favor of three years of supervised probation. As a condition of probation, Petitioner was required to complete a residential treatment program at a community corrections facility. Petitioner reported to the facility on September 2, 2008, and was discharged on February 6, 2009. After that 158 days, he was discharged to complete his probation. Petitioner’s probation was revoked in May of 2010. The district court imposed the underlying sentence, but Petitioner was not credited with the 158 days he spent in the community corrections facility. The present action began in November of 2010, when Petitioner filed a motion to correct illegal sentence. Among other things, Petitioner sought credit for the 158 days he spent in the community corrections facility. On November 18, 2010, the district court entered its “Order Granting, In Part, and Denying, In Part, Motion to Correct Illegal Sentence.” In that order, the district court denied Petitioner’s request for credit for 158 days spent in the community corrections facility.

The State of Wyoming has filed a “Brief of Respondent Recognizing Error.” The State recognizes that Petitioner is entitled to credit for time served in the community corrections facility. After a review of the parties’ briefs and the relevant case law, the Court agrees with the State that Petitioner is entitled to credit. 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. While the State concedes that Petitioner is entitled to 157 days of credit, the Court calculates the number at 158 days.

It is ordered that the district court’s November 18, 2010 “Order Granting, In Part, and Denying, In Part, Motion to Correct Illegal Sentence,” be, and hereby is, reversed in part; and it is further ordered that this matter is remanded to the district court for that court to award Petitioner 158 days of credit for time served.

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