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Trevor C. Lake v. the State of Wyoming

January 17, 2013

TREVOR C. LAKE, APPELLANT (DEFENDANT),
v.
THE STATE OF WYOMING, APPELLEE (PLAINTIFF).



Appeal from the District Court of Crook County The Honorable Dan R. Price II, Judge

The opinion of the court was delivered by: Golden, Justice (Retired).

Before KITE, C.J., and HILL, VOIGT, BURKE, JJ., and GOLDEN, J. (Retired)

NOTICE: 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] Following a jury trial, Trevor C. Lake (Lake) was convicted of taking a controlled substance into a jail. Lake appeals his conviction, claiming that the district court erred by seating an unqualified juror. He also contends that the court erred in sentencing by not giving him full credit for time spent in presentence incarceration. We affirm.

ISSUES

[¶2] Lake presents the following issues for our review:

I. Whether it is error to empanel a juror, who is not a resident of the County where the proceedings are held, when this renders the juror unqualified in violation of the Wyoming and United States Constitutions.

II. Whether an illegal Sentence must be corrected when credit for time served was improperly calculated and applied at Sentencing.

FACTS

[¶3] On October 15, 2010, Lake was arrested on three counts of aggravated assault and was jailed in the Crook County Detention Center. Before his October 2010 arrest, Lake had undergone surgery for a work injury and, both before and after his arrest, he was taking Percocet, a pain medication prescribed by his physician.

[¶4] On November 22, 2010, Lake was granted a furlough to travel to Casper for a medical appointment and to obtain refill prescriptions for Percocet and another drug. When Lake returned to the Crook County Detention Center later that day, he turned his medications over to an officer who placed them in the facility's "med room." On November 23, 2010, following a report from Lake's cell mate, Lake's cell was searched. Officers discovered eleven Percocet pills in a deodorant container that belonged to Lake and, on further investigation, they discovered that ten pills were missing from the bottle of Percocet Lake had turned in when he returned from his furlough the evening before.

[¶5] On June 1, 2011, while Lake was still being held on the original assault charges, the State filed an Information charging Lake with taking a controlled substance into the Crook County Detention Center in violation of Wyo. Stat. Ann. § 6-5-208. The district court issued an arrest warrant on June 1, 2011, and on that same date, the warrant was served on Lake in jail.

[¶6] On June 14, 2011, pursuant to a plea deal that reduced the original charges against Lake from aggravated assault to misdemeanor reckless endangering, Lake entered a guilty plea to reckless endangering. The district court sentenced him to serve a one-year jail sentence, with credit for 242 days of presentence incarceration. The sentence for the reckless endangering conviction thus expired on October 15, 2011.

[¶7] While Lake was serving his sentence on the reckless endangering conviction, the felony charge against him for taking a controlled substance into a jail proceeded through motions and to a jury trial, which began on October 3, 2011. At the commencement of the jury trial, the district court addressed the entire jury panel and inquired into the jurors' qualifications under Wyo. Stat. Ann. § 1-11-101(a), which included questions about residency in the county. Neither party objected to the jurors' general qualifications, and the court made a finding that the panel members were qualified.

[¶8] The district court thereafter began empanelling a jury. After administering an oath to the panel, the clerk drew the names of thirty-one panel members as candidates to fill the jury. Following instructions from the court, each prospective juror stood and provided certain personal information such as residence, occupation, and prior jury experience. When Juror 21 stood up, she stated her name and said, "I've been a resident of Crook County up until the last 30 days for 16 years. I am currently a resident in Campbell County."

[ΒΆ9] After the juror introductions, the attorneys conducted voir dire, and neither attorney questioned Juror 21 about her residency status. After voir dire, counsel for the State and for Lake passed the jury for cause. After the attorneys exercised their peremptory challenges, and before the jury was brought back into ...


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