Appeal from the District Court of Sublette County. The Honorable Marvin L. Tyler, Judge.
Representing Appellant: Office of the Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel. Argument by Mr. Morgan.
Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Darrell D. Jackson, Faculty Director; David E. Singleton, Student Director; and Sophie Dornbach, Student Intern, Prosecution Assistance Program. Argument by Mr. Singleton.
Before BURKE, C.J., and HILL, KITE[*], DAVIS, and FOX, JJ.
[¶1] The district court revoked Teddy Dean Daniels' probation and reinstated his prison sentence. Although the district court told Mr. Daniels in an earlier proceeding that he would earn credit against his sentence for time spent in substance abuse treatment, it refused to award him such credit based upon its belief that this Court's jurisprudence prohibited it. We conclude the district court had authority to give Mr. Daniels credit for time spent in treatment and should have done so, in accordance with its earlier representation, if he successfully completed treatment. It is not, however, clear from the record whether he successfully completed treatment. Therefore, we reverse and remand for a determination of that factual issue and the award of credit, if proper.
[¶2] Mr. Daniels presents the following issues on appeal:
I. Did the district court violate the double jeopardy provisions of the Fifth Amendment to the Constitution of the United States and Art. 1, § 11 of the Wyoming Constitution when, following a probation revocation, it failed to give credit for time served at an in-patient treatment facility, contrary to a previous order and sentence?
II. Did the district court violate the due process provisions of the Fifth Amendment to the Constitution of the United States and Art. I, § 6 of the Wyoming Constitution when, following a probation revocation, it failed to give credit for time served at an in-patient treatment facility, contrary to a previous order and sentence?
Although phrased differently, the State articulates ...