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Hutton v. State

Supreme Court of Wyoming

August 3, 2018

CHARLES WILLIAM HUTTON, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

          Appeal 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

          Before DAVIS, C.J., and BURKE [*] , FOX, KAUTZ, and BOOMGAARDEN, JJ.

          DAVIS, CHIEF JUSTICE.

         [¶1] 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.

         ISSUES

         [¶2] 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?

         FACTS

         [¶3] 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.

         [¶4] 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.[1]

         [¶5] 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, ...


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