Baker v. State
2011 WY 53
| Wyo. | 2011Background
- Baker pled guilty to forgery and misdemeanor interference, received 30 days in jail and 30-60 months in prison with five years’ probation, and earned seven days’ pre-sentence credit.
- Probation violations led to arrests in 2007 and 2008; probation was reinstated after CRC participation, and Baker spent 36 days in jail before CRC transfer.
- Baker completed the Casper Re-Entry Center (CRC) program after 207 days, with probation continuing thereafter.
- A 2008 probation revocation led to another arrest and 40 days in county jail; probation was revoked and the original prison term reinstated, with 76 days then credited (later corrected to 83 days).
- In 2010 Baker sought correction alleging entitlement to CRC credit (and other credits); the district court granted only 7 additional days and did not award the 207 CRC days.
- Wyoming Supreme Court held the district court erred by not granting 207 days of CRC credit, but proper credit for time detained during probation revocation was already accounted for; case remanded for entry of an order granting the CRC credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Baker is entitled to credit for time spent in the CRC. | State concedes CRC credit due; 207 days. | Baker seeks additional or different total days beyond 83 already awarded. | Yes; Baker entitled to 207 CRC days credit in addition to 83 days. |
| Whether time spent in jail during probation revocation actions was properly credited. | State contends that time was already credited and no additional credit is due. | Baker argues more credit is warranted for probation-revocation detention. | No; detention time during revocation properly credited; no additional credit awarded. |
Key Cases Cited
- Peper v. State, 768 P.2d 26 (Wyo. 1989) (time in community corrections may be treated as detention; escape charge possible)
- Endris v. State, 233 P.3d 578 (Wyo. 2010) (probation conditions and detention in CRC; relevant precedent)
- Prejean v. State, 794 P.2d 877 (Wyo. 1990) (time spent in CRC credited toward sentence upon probation violation)
- Hernandez v. State, 205 P.3d 183 (Wyo. 2009) (escape charge arising from failure to return to CRC)
- Yellow-Bear v. State, 874 P.2d 241 (Wyo. 1994) (CRC credit rules for probationers and detention)
- Swain v. State, 220 P.3d 504 (Wyo. 2009) (time spent in custody awaiting probation revocation disposition credited against underlying sentence)
- Barnes v. State, 174 P.3d 732 (Wyo. 2008) (pre-sentence confinement credit against minimum and maximum sentences)