Appeal from the District Court of Weston County The Honorable John R. Perry, Judge
The opinion of the court was delivered by: Burke, Justice.
Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.
This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume.
[¶1] Appellant, Matthew Wayne Baker, acting pro se, challenges an order from the district court denying him credit against a prison sentence for time spent in a community corrections facility as a condition of probation. Appellant also contends he is due credit for time spent in jail after violating the terms of his probation, in addition to the credit the district court granted for this time. We conclude the district court properly granted credit for the time served subsequent to the probation violations, but erred in failing to award credit to Appellant for the 207 days spent in a community corrections facility. Accordingly, we affirm in part and reverse in part, and remand the case to the district court for entry of an order consistent with this opinion.
[¶2] Whether the district court properly credited Appellant's prison sentence with time served prior to imposition of the sentence when the court (1) granted credit for time spent in jail subsequent to Appellant's probation violations and (2) denied credit for time spent at a community corrections facility as a condition of probation.
[¶3] In 2005, Appellant pled guilty to charges of forgery, in violation of Wyo. Stat. Ann. § 6-3-602(a)(ii), and misdemeanor interference with a peace officer, in violation of Wyo. Stat. Ann. § 6-5-204(a). On March 23, 2006, Appellant was sentenced to 30 days in jail for the misdemeanor interference offense and 30 to 60 months in prison for the forgery offense, which was suspended in favor of five years of probation. Appellant received credit against the 30- to 60-month prison sentence for seven days spent in presentence confinement.
[¶4] On June 13, 2007, Appellant was arrested and incarcerated for violating the terms of his probation. The following day, the district court issued an Order Revoking Probation, but reinstated Appellant's probation on the condition that he participate in a rehabilitation program at the Casper Re-Entry Center (CRC). Appellant was incarcerated for 36 days between June 13, 2007, the date of his arrest for the probation violation, and July 19, 2007, when he was transported to the CRC. Appellant successfully completed his program at the CRC on February 11, 2008, 207 days after his arrival at the facility. Appellant's probation continued after he was released from the CRC.
[¶5] On October 16, 2008, Appellant was again arrested for violating the terms of his probation. He was detained in county jail until November 25, 2008, when the district court issued an order revoking Appellant's probation and imposing the original 30- to 60-month prison term. Appellant was incarcerated for 40 days between October 16, 2008, and November 25, 2008. The district court ordered that Appellant receive "credit for seventy-six (76) days previously served, for time served off the minimum and maximum terms of imprisonment." Although the court did not explain how it arrived at the 76-day figure, it was presumably the sum of Appellant's 36-day period of incarceration subsequent to his first probation violation and Appellant's 40-day period of incarceration subsequent to his second probation violation.
[¶6] On June 9, 2010, Appellant filed a Motion to Correct an Illegal Sentence pursuant to W.R.Cr.P. 35(a), asserting that he was entitled to credit for 365 days for time spent at the CRC as well as the time he was detained during his probation revocation actions.*fn1
In the State's response to Appellant's motion, it argued that Appellant was not under official detention during the time spent at the CRC because he could not be charged with escape from that facility. The State asserted that Appellant was not entitled to credit for time spent at the CRC but acknowledged that Appellant should receive credit for an additional seven days for the time served during the original criminal prosecution.
[¶7] The district court, in an Order Correcting Sentence, agreed with the State and granted Appellant an additional seven days of credit against his reinstated ...