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Askin v. State

Supreme Court of Wyoming

December 27, 2013

Kyle B. ASKIN, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

Representing Appellant: Kyle B. Askin, pro se.

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

Before KITE, C.J., and HILL, VOIGT, BURKE, and DAVIS, JJ.

VOIGT, Justice.

[¶ 1] The appellant pled guilty to two counts of failure to register as a sex offender and received concurrent sentences of two to four and four to six years. The district court suspended the sentences, however, and imposed eight years probation. The appellant did not adhere to the terms of his probation, resulting in the State charging him with escape and seeking to revoke his probation. The district court revoked the appellant's probation and reimposed the suspended sentence for failure to register. The appellant then pled guilty to the crime of escape and was sentenced to three to seven years, which was suspended in favor of four years probation to be served consecutively to the separate reimposed sentence. The appellant filed a motion to correct an illegal sentence, which was denied by the district court.

[¶ 2] The appellant filed two separate appeals. However, both arise from the same set of facts, proceedings, district court, and are premised upon an identical issue. Accordingly, the appeals were consolidated. We affirm.

Page 1183

ISSUE

[¶ 3] Did the district court abuse its discretion by denying the appellant's motion to correct an illegal sentence?

FACTS

[¶ 4] In 2007, the appellant pled guilty to failing to register as a sex offender in violation of Wyo. Stat. Ann. § 7-19-307 (LexisNexis 2007). However, he failed to appear for his sentencing hearing. Consequently, the State filed an additional charge of failure to register as a sex offender for the ensuing period and a warrant was issued for his arrest. After the appellant was arrested, the district court sentenced him to concurrent terms of two to four years and four to six years, respectively. The district court opted to suspend those sentences and placed the appellant on supervised probation for eight years. As part of his probation, the appellant was required to complete an Adult Community Corrections Program at the Cheyenne Transitional Center.

[¶ 5] Before completing his probation, the appellant left the Cheyenne Transitional Center, prompting the State to charge him with escape in violation of Wyo. Stat. Ann. § 7-18-112 (LexisNexis 2009). Because of this new violation, the State also sought to revoke his probation. The district court revoked probation and reimposed the suspended prison sentence of four to six years relating to the failure to register charge. On the new charge of escape, the appellant pled guilty and was sentenced to three to seven years imprisonment. The district court suspended his new sentence in favor of four years supervised probation, which he would serve consecutive to the reimposed sentence for failure to register as a sex offender.

[¶ 6] The appellant filed a motion to correct an illegal sentence. He challenged the district court's authority to impose the underlying prison sentence on his offender registration charge followed by a consecutive term of probation for the subsequent escape offense. The district court denied the motion, ruling the sentence imposed was legal. This appeal is based upon the denial of that motion.

STANDARD OF REVIEW

[¶ 7] A district court's denial of a motion to correct an illegal sentence is reviewed for an abuse of discretion. McDaniel v. State,2007 WY 125, ¶ 6, 163 P.3d 836, 838 (Wyo.2007). However, this discretion is limited to a determination by the district court concerning the sentence's legality. Id. A sentence is illegal when it exceeds statutory limits, imposes multiple terms of imprisonment for the same offense, or ...


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