from the District Court of Campbell County The Honorable John
R. Perry, Judge
Representing Appellant: Charles William Hutton, Pro se
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; Christyne M. Martens, Deputy Attorney General;
Caitlin F. Harper, Senior Assistant Attorney General; John A.
Brodie, Senior Assistant Attorney General
DAVIS, C.J., and BURKE [*] , FOX, KAUTZ, and BOOMGAARDEN, JJ.
Charles Hutton appeals from the denial of his motion to
correct an illegal sentence, in which he claimed that he had
not received adequate credit for time spent in confinement.
We affirm in part, reverse in part, and remand for entry of
an order consistent with this opinion.
Hutton raises two issues. We reword them as follows.
1. Is Hutton entitled to credit for participation in both
residential and non-residential programs at an adult
community corrections facility?
2. Did he receive full credit for confinement related to his
second of three probation revocations?
On January 19, 2008, Hutton joined a group of friends who
entered a neighbor's mobile home, seriously injured him,
and severely damaged his vehicle. Hutton was charged with
felony property destruction and aggravated burglary, and he
was arrested on a warrant on January 22. Eventually, in
exchange for dismissal of the burglary charge, he pled guilty
to felony property destruction, and on September 26, 2008,
was sentenced for that crime.
The district court imposed a penitentiary sentence of three
to seven years, and suspended it in favor of seven years of
supervised probation, which was to begin immediately. It also
ordered him to participate for one year in an adult community
corrections program operated by Volunteers of America. The
record indicates that Hutton had been confined for 249 days
prior to sentencing. However, the court credited him for 251
days of confinement for this period.
Hutton entered the residential portion of the Volunteers of
America program on November 21, 2008, completed it on August
26, 2009, and began the nonresidential portion of the program
the following day. He completed that portion on November 25,