Dustin Lee Yearout v. The State of Wyoming, 311 P.3d 180

Yearout pleaded guilty to three counts of burglary; court imposed concurrent 4–7 year sentences, suspended in favor of 1 year jail and 7 years intensive supervised probation, with a condition to complete in‑patient substance abuse treatment.
Yearout completed the treatment program, then was placed on intensive supervised probation; later he admitted probation violations and the court revoked probation and reinstated the original prison sentences.
The district court awarded 36 days of pre-sentence credit, and on a W.R.Cr.P. 35(a) motion the court later awarded credit for 365 days in county jail but denied credit for 122 days in the treatment program and for time on intensive supervised probation.
Yearout appealed the partial denial, arguing he was entitled to credit both for time in the in‑patient treatment facility and for time on intensive supervised probation (691 additional days claimed).
The issue turned on whether those periods constituted “official detention” such that credit against the sentence was required — the court focused on whether Yearout could have been charged with escape from those environments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Credit for time in in‑patient treatment (122 days)	Yearout: treatment placement was custody-equivalent; he was subject to escape charge and thus entitled to credit	State: treatment was part of probation, not official detention; no escape charge could lie	Denied — not official detention; no record that escape could be charged, so no credit
Credit for time on intensive supervised probation	Yearout: restrictive conditions (electronic monitoring, house‑arrest‑like limits) equate to detention and warrant credit	State: degree of restriction irrelevant; key is whether escape charge could lie — it could not	Denied — restrictive probation is not official detention absent ability to charge escape

Baker v. State, 248 P.3d 640 (Wyo. 2011) (illegal sentence question reviewed de novo)
Hagerman v. State, 264 P.3d 18 (Wyo. 2011) (credit required when defendant is in official detention)
Blouir v. State, 950 P.2d 53 (Wyo. 1997) (credit allowed when probation condition creates exposure to escape charge)
Craig v. State, 804 P.2d 686 (Wyo. 1991) (time in treatment without escape exposure not creditable)
Endris v. State, 233 P.3d 578 (Wyo. 2010) (community corrections participants may be in official detention)
Kupec v. State, 835 P.2d 359 (Wyo. 1992) (electronic monitoring as probation, not official detention, absent escape exposure)
Smith v. State, 985 P.2d 961 (Wyo. 1999) (house arrest not official detention if escape charge cannot lie)
Yellowbear v. State, 874 P.2d 241 (Wyo. 1994) (contrast between community corrections—creditable—and in‑patient treatment—not creditable)