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Hagen v. State

Supreme Court of Wyoming

November 5, 2014

CAMERON CURTIS HAGEN, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Natrona County. The Honorable W. Thomas Sullins, Judge.

Representing Appellant: Office of the State Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; David E. Westling, Senior Assistant Appellate Counsel. Argument by Mr. Westling.

Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Caitlin Frances Young, Assistant Attorney General. Argument by Ms. Young.

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

OPINION

Page 1220

BURKE, Chief Justice

[¶1] In these consolidated appeals, Appellant, Cameron Curtis Hagen, challenges his conviction for escape under Wyo. Stat. Ann. § § 7-18-112 and 6-5-206(a)(i). He also appeals the district court's denial of his motion to correct an illegal sentence. We affirm.

ISSUE

[¶2] Appellant states the issue as follows:

Did the trial court impose an illegal sentence by allowing a conviction of escape when Appellant's sentence on the underlying conviction had been served and he was not being legally detained?

FACTS

[¶3] Appellant was housed at a community corrections facility in Casper as a result of a conviction for aggravated assault. On May 14, 2012, he checked out of the facility to go to work. Appellant, however, never arrived at work, and proceeded to several unauthorized locations before returning to the corrections facility after the time he was required to report.

[¶4] As a result of this incident, the State charged Appellant with escape in violation of Wyo. Stat. Ann. § § 7-18-112 and 6-5-206(a)(i) (LexisNexis 2011).[1] Appellant ultimately entered a plea of nolo contendere, or " no contest," to the charge. The district court sentenced Appellant to 15 to 24 months in prison. Appellant timely appealed that decision, which was assigned Docket No. S-13-0069.

[¶5] Appellant subsequently filed four motions in the district court: a motion for release pending appeal, a ...


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