Tuesday, March 20, 2012

Summary 2012 WY 41

Summary of Decision March 20, 2012

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

Case Name:  Bud Corey Morrison v. The State of Wyoming

Docket Number: S-11-0203

Appeal from the District Court of Weston County, Honorable Dan R. Price, Judge

Representing Appellant (Plaintiff/Defendant):  Diane M. Lozano, State Public Defender; Tina N. Olson, Appellate Counsel; Eric M. Alden, Senior Assistant Appellate Counsel.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Paul S. Rehurek, Senior Assistant Attorney General.

Date of Decision: March 20, 2012

Facts: The appellant contends that he did not receive full credit against his sentence for all presentence time served, and that he should not have been assessed an indigent civil legal services fee. 

Issues: Whether the appellant’s sentence was illegal because he did not receive credit for the time he spent, presentence, in a residential substance abuse treatment facility.  Whether the appellant’s sentence was illegal because he should not have been assessed an indigent civil legal services fee.

Holdings: By statutory definition, the appellant’s “constraint incidental to release on bail” was not “official detention,” and he was not subject to a charge of escape.  Neither was he confined due to a financial inability to post bond, nor did his circumstances duplicate any of the circumstances where we have found credit for time served to be required.  In short, the appellant is not entitled to credit against his prison sentence for the period of time he participated in the WYSTAR program as a condition of his release on bond.  We cannot consider whether imposition in the Sentence of the indigent legal services fee was proper because that question was not raised in the district court as required by W.R.Cr.P. 11(b)(1)(C).  Affirmed.

Justice Voigt delivered the opinion for the court.

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