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Tallerdy v. State

Supreme Court of Wyoming

April 11, 2014

WILLIAM TALLERDY, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Laramie County. The Honorable Thomas T.C. Campbell, Judge.

Representing Appellant: William Tallerdy, Pro se.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jennifer E. Zissou, Assistant Attorney General.

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

OPINION

Page 48

FOX, Justice.

[¶1] William Tallerdy appealed the district court's order granting in part and denying in part his motion to correct his sentence. We find that the district court properly credited him an additional 169 days for time served, and therefore affirm.

ISSUE

[¶2] The issue presented by Mr. Tallerdy is whether the district court properly credited him for time served.

FACTS

[¶3] On October 13, 2005, Mr. Tallerdy was arrested and charged with two counts of third-degree sexual assault. He was released on bond on November 8, 2005. Mr. Tallerdy violated his bond conditions and was again arrested on March 7, 2006. He was released a second time on bond on November 27, 2006. After violating his bond conditions once more, he was arrested on February 16, 2007. He remained in custody until his hearing in March 2007. In a separate docket, he was charged with two counts of forgery.

[¶4] Mr. Tallerdy pled guilty to the two forgery counts and no contest to the sexual assault charges. On March 9, 2007, the district court imposed two sentences of two to four years, to be served concurrently, on the forgery charges, and two sentences of three to five years, to be served consecutively, on the sexual assault charges. The second of the sexual assault sentences was to be suspended in favor of four years of probation. The district court credited Mr. Tallerdy with 144 days for the time he served awaiting sentencing.

[¶5] On June 10, 2008, Mr. Tallerdy was granted parole on the forgery sentence and began serving the consecutive sentences for sexual assault. He completed his sentence for the first count of sexual assault and was released on December 5, 2011, to serve the second count on probation. Upon his release, Mr. Tallerdy moved to Arkansas. He was arrested for probation violation on September 24, 2012, in Arkansas, and remained in custody there until he was transferred to Laramie County on October 5, 2012. On November 30, 2012, the district court revoked his probation and imposed the second sexual assault sentence. The district court also credited Mr. Tallerdy a total of 66 days for time served while awaiting his hearing.

[¶6] Mr. Tallerdy filed a pro se Motion to Correct Illegal Sentence, claiming that he was entitled to a total of 426 days credit for time served. The district court granted Mr. Tallerdy's motion in part, crediting him an additional 169 days beyond the 144 days originally awarded at his sentencing, and the 66 days awarded upon the revocation of his probation, for a total of 379 days. Mr. Tallerdy filed this appeal, ...


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