Hagerman v. State
264 P.3d 18
Wyo.2011Background
- Hagerman challenged two consolidated sentences: burglary (S-11-0154) and stolen property (S-11-0155).
- He was sentenced October 3, 2006 for burglary after 350 days’ presentence jail time, with one year jail and four years probation split sentencing.
- He received 350 days jail credit against the burglary sentence and 8 days post-sentencing jail time.
- He later received 336 days credit against the stolen property sentence, with concurrent sentencing terms later ordered.
- He spent 301 days in a residential treatment facility as part of the burglary sentence, and the district court treated time in treatment in determining credits.
- The court held that 659 days of presentence confinement should be credited against the burglary sentence, and the 33 days of pre-revocation jail time could be credited against either sentence, but not both.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is presentence confinement properly credited to the burglary sentence? | Hagerman argues for proper credit against burglary. | State argues current credits were properly calculated. | Burglary sentence lacked proper credit; remand for correction. |
| Can time spent in pre-revocation jail be credited to the stolen property sentence? | Credit should be against underlying burglary sentence, not both. | Credit may be allocated to either sentence. | Credit must be applied to the underlying burglary time, not the stolen property sentence. |
| Does over-crediting one sentence affect legality of the other? | Over-crediting does not render the other sentence illegal if still valid. Remand for S-11-0154; S-11-0155 affirmed. |
Key Cases Cited
- Swain v. State, 2009 WY 142 (Wy. 2009) (illegal sentence when proper credit is missing; de novo review of credit issues)
- Abitbol v. State, 2008 WY 28 (Wy. 2008) (presentence confinement credit when due to inability to post bond)
- Merta v. State, 2007 WY 137 (Wy. 2007) (credit for presentence confinement; time against underlying sentence)
- Jackson v. State, 2009 WY 82 (Wy. 2009) (credit against underlying sentence when revocation occurs; pre-revocation time attributed to underlying charge)
- Beyer v. State, 2008 WY 137 (Wy. 2008) (credit for time in inpatient treatment if detention count applies)