Baker v. State
2011 Wyo. LEXIS 55
| Wyo. | 2011Background
- Baker pled guilty in 2005 to forgery and a misdemeanor; sentenced to 30 days in jail and 30-tO-60 months in prison, suspended on probation for five years, with seven days pre-sentence credit.
- In June 2007 Baker was arrested for violating probation; probation was reinstated on condition of entering a Casper Re-Entry Center (CRC) program, and he was jailed 36 days before transfer to the CRC.
- Baker completed the CRC program in February 2008 after 207 days in the facility; probation continued after release.
- In October 2008 Baker was arrested again for probation violation; 40 days of jail followed before probation was revoked and the original prison term reinstated.
- The district court awarded 76 days (later corrected to 83 days) credit for time served related to probation violations, but did not credit the 207 CRC days.
- Baker filed a motion under Rule 35(a) seeking additional credits for CRC time and probation detention; the district court corrected only seven more days and did not grant CRC credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Baker is entitled to CRC credit against his sentence. | Baker contends CRC time should count as detention and reduce his sentence by 207 days. | State concedes CRC time is creditable and that 207 days should be awarded, in addition to existing credits. | Baker entitled to 207 days CRC credit; remand for entry of an order granting minimum and maximum time credit for those days. |
| Whether time spent in jail during probation revocation proceedings should be credited beyond what was already awarded. | Baker argues additional credit beyond 83 days is required for probation-detention time. | State asserts that time during revocation is already reflected in the 83-day credit and should not be double-counted. | No additional credit beyond the 83 days; the district court correctly accounted for that time. |
Key Cases Cited
- Endris v. State, 233 P.3d 578 (Wyo. 2010) (CRC detention yields credit against sentence)
- Peper v. State, 768 P.2d 26 (Wyo. 1989) (probationers in CRC may face escape charges; time credited)
- Prejean v. State, 794 P.2d 877 (Wyo. 1990) (credit for time in CRC against sentence when detained)
- Hernandez v. State, 205 P.3d 183 (Wyo. 2009) (escape charge arising from failure to return from CRC)
- Yellow-Bear v. State, 874 P.2d 241 (Wyo. 1994) (CRC credit and escape considerations for probationers)
- Swain v. State, 220 P.3d 504 (Wyo. 2009) (time in custody awaiting probation revocation must be credited)
- Barnes v. State, 174 P.3d 732 (Wyo. 2008) (pre-sentence confinement credit against minimum and maximum sentences)