Thursday, October 31, 2013

Summary 2013 WY 133

Summary of Decision October 22, 2013

Justice Burke delivered the opinion of the Court. Affirmed.


Docket Number: S-13-0073


Appeal from the District Court of Sheridan County the Honorable John G. Fenn, Judge

Representing Appellant: Pro se.

Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey S. Pope, Assistant Attorney General; Brian J. Fuller, Student Intern.

Date of Decision: October 22, 2013

Facts: In 2010, Appellant pled guilty to three burglary charges. On recommendation of the parties, Appellant received three concurrent sentences of four to seven years in prison, with the sentences being suspended in lieu of one year in jail and seven years supervised probation. The district court ordered intensive supervised probation and required Appellant to participate in and complete an in-patient substance abuse treatment program. Appellant completed the program.

In 2012, as a result of probation violations, the district court revoked Appellant’s probation and reinstated the original sentence. The district court awarded credit for thirty-six days of pre-sentence confinement. In 2013, Appellant filed a motion seeking credit for an additional 691 days, for the time he had spent in jail, in treatment, and on probation. The district court granted Appellant’s petition in part, awarding credit for the 365 days Appellant had served in the county jail. The district court ruled that Appellant was not entitled to credit for the time spent in the treatment program or on probation. Appellant appealed the district court’s partial denial of his motion.

Issue: Whether Appellant is entitled to credit against his sentence for the time he spent in an in-patient substance abuse treatment program and for the time he spent on intensive supervised probation.

Holdings/Conclusion: The record does not support Appellant’s contention that he could have been charged with escape during the time he spent in a treatment facility or during the time he spent on probation. Therefore, those periods of time were not “official detention,” and Appellant is not entitled to credit for those periods. The decision of the district court is affirmed.

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

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