Summary 2014 WY 49

Summary of Decision April 17, 2014

Justice Burke delivered the opinion of the Court. Reversed and Remanded.

Case Name: AUSTON DAVIS COY v. THE STATE OF WYOMING

Docket Number: S-13-0136

URL: http://www.courts.state.wy.us/Opinions.aspx

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

Representing Appellant: P. Craig Silva, Williams, Porter, Day & Neville, P.C., Casper, Wyoming.

Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey S. Pope, Assistant Attorney General.

Date of Decision: April 17, 2014

Facts: Appellant, Auston Davis Coy, was arrested in 2011 and charged with three crimes. At the time of his arrest, Mr. Coy was on probation for crimes he had committed in 2008. In addition to charging Mr. Coy with the new crimes, the State also sought to revoke Mr. Coy’s probation. Prior to trial, Mr. Coy and the State entered into a plea agreement. The terms of that plea agreement are the crux of this appeal. Mr. Coy contends that the sentence imposed was not in accordance with his plea agreement. He seeks modification of the sentence to conform to the terms of the plea agreement.

Issue: Did the district court enter an illegal sentence?

Holdings/Conclusion: We find that the sentence imposed was not in accord with the plea agreement and was an illegal sentence because it cannot be completed in a “single stretch” or without interruption by another prison sentence. We reverse and remand for entry of an amended sentence.

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

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