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Turner v. State

Supreme Court of Wyoming

February 25, 2015

JEFFERY TURNER, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Page 802

Appeal from the District Court of Laramie County. The Honorable Catherine R. Rogers, Judge.

Representing Appellant: Office of the State Public Defender: Diane 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, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Caitlin F. Young, Assistant Attorney General. Argument by Ms. Young.

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

OPINION

Page 803

DAVIS, Justice.

[¶1] Appellant Jeffery Turner entered a conditional guilty plea to a charge of escape from official detention, and thereby reserved the right to appeal the district court's denial of his motion to dismiss. He claimed in that motion that he had been deprived of his right to a speedy trial under the Interstate Agreement on Detainers (IAD), Wyo. Stat. Ann. § 7-15-101 (LexisNexis 2013). Although we depart from the district court's reasoning, we affirm.

ISSUE

[¶2] We restate the sole issue on appeal as follows:

Did the speedy trial provisions of the IAD require that the charge against Turner be dismissed?

FACTS

[¶3] In 2010, the district court in Albany County sentenced Turner to four to nine years of imprisonment on a larceny conviction. On March 2, 2012, the Department of Corrections (DOC) transferred him as a pre-parole inmate to a community corrections facility in Laramie County.[1] Inmates at the community corrections facility are required to hold jobs in the community. Five weeks after his tranfer, on April 6, Turner failed to return from his job at a Cheyenne Burger King.

[¶4] This soon prompted action by both the DOC and the Laramie County District Attorney. On April 9, 2012, the director of the DOC issued an Order of Return to Custody pursuant to Wyo. Stat. Ann. § 25-1-104(j).[2] A little more than a week later, the district attorney filed an information charging Turner with escape from official detention under Wyo. Stat. Ann. § ...


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