Appeal from the District Court of Natrona County, The Honorable W. Thomas Sullins, Judge.
The opinion of the court was delivered by: Voigt, Chief Justice
Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.
[¶1] This is an appeal from the denial of a motion to correct an illegal sentence. The appellant seeks credit for pre-sentence confinement. Finding no error, we affirm.
[¶2] Did the district court err as a matter of law in denying the appellant's Motion to Correct an Illegal Sentence?
[¶3] A sentence that does not include proper credit for presentence confinement is illegal. Whether a sentence is illegal is a question of law, which we review de novo.
Beyer v. State, 2008 WY 137, ¶ 7, 196 P.3d 777, 780 (Wyo. 2008) (internal citations omitted).
[¶4] On July 8, 2003, the appellant was sentenced to a term of four to ten years incarceration for the felony crime of conspiracy to deliver a controlled substance. As a result of that sentence, the appellant was an inmate at the Community Re-Entry Center (CRC) in Casper, Wyoming. On September 4, 2007, he was charged with failing to return to CRC after a work assignment. On December 28, 2007, he pled guilty to escape from official detention. The plea was entered pursuant to the terms of an agreement whereby the appellant would receive a sentence of three to five years incarceration, to run concurrently with the drug conspiracy sentence. In explaining the plea agreement, the prosecutor told the district court the following:
Mr. Hernandez would receive credit for time served from his arrest in this particular matter. I think he has substantial credit against the -- the -- oh [the drug conspiracy sentence]. He would not receive credit, but these would be run concurrent.
[¶5] At the sentencing hearing on February 27, 2008, the following colloquy occurred:
THE COURT: Presuming you're in agreement, there will be no credit for time served, since he's been receiving credit for the other sentence up until this?
[DEFENSE COUNSEL]: I think legally speaking that will be accurate, Your Honor. He was never paroled, so he's always been ...