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Palmer v. State

Supreme Court of Wyoming

April 20, 2016

CHARLES WAYNE PALMER, JR., Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

Appeal from the District Court of Platte County The Honorable John C. Brooks, Judge

Representing Appellant: Charles W. Palmer, Jr., pro se.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Christyne M. Martens, Senior Assistant Attorney General; Joshua C. Eames, Assistant Attorney General.

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

FOX, Justice.

[¶1] In 2006, Charles Palmer, Jr. pled guilty to three counts of second-degree sexual assault. The district court sentenced him to three consecutive sentences of eight to sixteen years and credited ninety-nine days of presentence confinement toward his first sentence. In 2015, Mr. Palmer filed a motion to correct illegal sentence, claiming that he was entitled to credit for presentence confinement on all three of his consecutive sentences. The district court denied that motion and Mr. Palmer filed this appeal. We affirm.

ISSUES

[¶2] We rephrase the issues as follows:

1. Does the doctrine of res judicata preclude Mr. Palmer from raising the question of whether he was properly credited for presentence confinement?

2. When sentences are consecutive, must presentence confinement credit be awarded against all sentences or just one of the consecutive sentences?

FACTS

[¶3] In 2006, Mr. Palmer pled guilty to three counts of second-degree sexual assault. The district court sentenced Mr. Palmer to three consecutive sentences of eight to sixteen years and awarded him credit for ninety-nine days of time served, which the court applied to his first sentence.

[¶4] Mr. Palmer appealed the judgment and sentence and we affirmed in Palmer v. State, 2008 WY 7, 174 P.3d 1298 (Wyo. 2008). The present matter commenced in July of 2015, when Mr. Palmer filed a motion to correct an illegal sentence pursuant to Rule 35 of the Wyoming Rules of Criminal Procedure. He claimed that after he completed his first sentence and began his second sentence, he learned that he would not be credited for time served on his second and third sentences. He argued that he should have been ...


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