Majors v. State

         Appeal 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.

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

          HILL, JUSTICE.

         [¶1] 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.

         ISSUE

         [¶2] 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.

         FACTS

         [¶3] In 2000, Sargent Majors^[1] 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. There was no award of credit for time served.

         [¶4] 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).

         [¶5] 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.

         [¶6] 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, ...