SARGENT K. MAJORS, Appellant (Defendant),
THE STATE OF WYOMING, Appellee (Plaintiff).
from the District Court of Weston County The Honorable Thomas
W. Rumpke, Judge.
Representing Appellant: Sargent K. Majors, Pro se.
Representing Appellee: Peter K. Michael, Wyoming Attorney
General, and David L. Delicath, Deputy Attorney General.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Sargent K. Majors appeals an order denying his motion to
correct an illegal sentence. Claiming he is due a presentence
confinement credit of 1, 280 days, Mr. Majors appears before
this Court pro se. We will affirm the district court
on the principal of res judicata.
Mr. Majors claims he is entitled to credit for time served
from his arrest in December of 2000 until his sentencing in
August of 2002.
In 2000, Sargent Majors was in the middle of serving an 18-36
month sentence at the Honor Conservation Camp. In December of
that same year, Mr. Majors escaped and kidnapped an elderly
woman. He was apprehended and arrested and charged with
several crimes, including kidnapping and escape. He entered a
no contest plea to the kidnapping charge and a guilty plea to
the escape charge, and the State dismissed all remaining
charges. The district court sentenced Mr. Majors to 8-10
years for escape and 17-20 years for kidnapping. Those
sentences were to run consecutive to each other and
concurrent to his original sentence. There was no award of
credit for time served.
After the court sentenced Mr. Majors, he appealed his case to
this Court where he only challenged the validity of his
"no contest" plea. This Court affirmed in Major
v. State, 2004 WY 4, 83 P.3d 468 (Wyo. 2004).
In July of 2015, Mr. Majors filed a pro se motion to
correct an illegal sentence. He requested credit for 640 days
he served between his arrest in December of 2000 and his
sentencing in August of 2002. He sought such credit against
both his kidnapping and escape sentences. The State argued
against his motion and said that Mr. Majors was not entitled
to credit for the time requested because during that time, he
was still serving the sentence from which he escaped.
Furthermore, he did not complete that sentence until after
his sentencing on the escape and kidnapping charges. In early
2016, the district court denied his motion. However, Mr.
Majors did not take an appeal to challenge that order, having
filed an untimely notice of appeal. Rather, on March 30,
2016, he filed a pleading that was treated as a Petition for
Writ of Review. This Court denied that petition on April 12,
2016, because the district court's denial of his motion
was an appealable order.
The present matter began on May 19, 2016, when Mr. Majors
filed a pro se motion, titled "Motion Ordering
the Court to Correct Order Filed by Judge Michael N. Deegan
On Major v. State of Wyoming." Mr. Majors sought credit
for 1, 280 days, which is the same relief he sought in his
July 2015 motion to correct an illegal sentence. On May 19,