from the District Court of Campbell County The Honorable
Michael N. Deegan, Judge
Representing Appellant: Timothy Owen Cooper, pro se.
Representing Appellee: Peter K. Michael, Attorney General;
Christyne M. Martens, Deputy Attorney General; Caitlin F.
Harper, Senior Assistant Attorney General; Samuel L.
Williams, Assistant Attorney General.
DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.
Appellant Timothy Cooper appeals a district court order
denying his motion for sentence reduction. We affirm.
Mr. Cooper raises two issues which we restate as:
I. Does the Addicted Offender Accountability Act require the
release of a qualified offender after he completes treatment
while serving a prison sentence?
II. Did the district court abuse its discretion when it
denied Mr. Cooper's motion for sentence reduction?
In 2014, Mr. Cooper was charged with felony possession of a
controlled substance in violation of Wyo. Stat. Ann. §
35-7-1031(c)(ii) (LexisNexis 2013). The district court
released him on bond after his initial appearance. On two
separate occasions between the initial appearance and
sentencing, the State sought to revoke Mr. Cooper's bond.
The first petition to revoke bond, based on failure to check
in and provide a urine analysis, was pending at the time of
the change of plea hearing. At that hearing, Mr. Cooper pled
"no contest" to one count of felony possession of
methamphetamine. The district court accepted Mr. Cooper's
plea and continued his bond. The second petition to revoke
Mr. Cooper's bond was based on Mr. Cooper's alleged
use of methamphetamine and marijuana in violation of the
terms of his bond. The district court revoked the bond. On
February 20, 2015, the district court sentenced Mr. Cooper to
five to seven years' incarceration. Finding Mr. Cooper a
qualified offender under Wyoming's Addicted Offender
Accountability Act (AOAA or "the Act"), Wyo. Stat.
Ann. §§ 7-13-1301 et seq. (LexisNexis 2013), the
court suspended his sentence in favor of a split sentence of
180 days in jail, subject to early release upon acceptance
into an inpatient treatment facility, followed by a period of
five years of probation. It appears that Mr. Cooper was
released from jail early and successfully completed inpatient
In October of 2016, the State sought to revoke Mr.
Cooper's probation alleging failure to complete aftercare
treatment, failure to keep two office visits with his
probation officer, and failure to comply with monetary
obligations in the sentence and probation order. Mr. Cooper
admitted that he failed to complete aftercare treatment and
to missing the office visits. The State withdrew the
remaining allegation. The district court revoked Mr.
Cooper's probation and reinstated his original sentence.
The court again suspended the sentence in favor of another
five-year term of probation. The court again found Mr. Cooper
was a qualified offender under the AOAA and again required
him to complete inpatient treatment as a condition of
In February of 2017, the State filed a second petition to
revoke Mr. Cooper's probation. The petition alleged that
Mr. Cooper had violated the terms of probation by failing to
provide proof that he applied for inpatient treatment,
testing positive for methamphetamine and marijuana, failing
to check in with his probation officer, and failing to
provide a valid phone number to his probation officer. After
a hearing, the district court found that Mr. Cooper had
willfully violated his probation and it revoked Mr.
Cooper's probation. The court imposed the underlying
sentence of five to seven years' incarceration,
explaining "[n]otwithstanding [its earlier] finding that
[Mr. Cooper] is a Qualified Offender, the interests of
justice require a period of incarceration based upon ...