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Askin v. State

Supreme Court of Wyoming

January 21, 2016

KYLE BENTON ASKIN, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Natrona County. The Honorable Daniel L. Forgey, Judge.

For Appellant: Office of the State Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Kirk Allan Morgan, Senior Assistant Appellate Counsel.

For Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Christyne M. Martens, Senior Assistant Attorney General; Caitlin F. Young, Assistant Attorney General.

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

OPINION

Page 785

BURKE, Chief Justice.

[¶1] Appellant, Kyle Benton Askin, claims the district court applied an improper legal standard in denying his request for credit for time served in presentence confinement. He contends the district court made its decision based upon an erroneous understanding that it lacked the discretionary authority to award credit. We agree with Appellant and, accordingly, we reverse and remand to the district court.

ISSUE

[¶2] Appellant presents the following issue:

Did the district court apply the correct legal standard in determining whether to award Appellant credit for time spent in presentence confinement?

FACTS

[¶3] In 2007, Appellant pled guilty to two counts of failure to register as a sex offender and received concurrent sentences, which were suspended in favor of probation. Askin v. State, 2013 WY 162, ¶ 4, 314 P.3d 1182, 1183 (Wyo. 2013). As part of his probation, Appellant was required to complete an adult community corrections program at a community corrections facility. Id. After Appellant left the program prior to completion, the State charged him with escape and petitioned to revoke his probation. Id., ¶ 5, 314 P.3d at 1183. The district court revoked Appellant's probation and re-imposed the suspended sentence of four to six years for failure to register as a sex offender. Id. Appellant pled guilty to the escape charge and was sentenced to three to seven years imprisonment. The district court suspended the new sentence in favor of four years of supervised probation, to be served consecutively to the re-imposed sentence for failure to register. Id.

[¶4] In June 2014, the Natrona County Sheriff's Office discovered that Appellant was not living at the address he provided when he updated his sex offender registration in March of that year. As a result, Appellant's probation was revoked and the prison sentence for Appellant's escape conviction was re-imposed. Additionally, on August 6, 2014, while Appellant was incarcerated, the State charged him with one count of failure to register as a sex offender in violation of Wyo. Stat. Ann. § § 7-19-302 and 7-19-307(c) (LexisNexis 2013). Appellant was subsequently transported from ...


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