Hutton v. State, 422 P.3d 967

Hutton pled guilty to felony property destruction in 2008; sentence of 3–7 years was suspended in favor of seven years’ probation with a requirement to participate for one year in a Volunteers of America (VOA) community corrections program.
Pre-sentence custody and multiple periods of custody and program participation (residential and nonresidential VOA, county jail stays, inpatient substance abuse treatment, and probation revocation detentions) produced disputed credit calculations.
The district court initially credited Hutton with 680 days, later adopted the State’s 922-day calculation nunc pro tunc, and then denied Hutton’s further motion seeking additional days for nonresidential VOA participation and other periods.
Hutton appealed the denial, claiming entitlement to additional presentencing confinement credit (he ultimately sought 933+ days); the State later revised its position to 934 days in briefing to the court.
The Wyoming Supreme Court reviewed whether (1) nonresidential participation in a community corrections program qualifies for credit as official detention and (2) whether the district court had failed to award all credit to which Hutton was entitled for periods tied to revocations and program placements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hutton is entitled to credit for both residential and nonresidential VOA program participation	Hutton: both residential and nonresidential VOA participation should be credited toward presentencing confinement	State: credit applies only to residential participation; nonresidential participants are not in official detention	Court: residential participation credit recognized; nonresidential participation denied (no basis to treat it as official detention)
Whether Hutton received full credit for confinement related to his second probation revocation and related custody periods	Hutton: district court omitted additional days (he claimed ~209 days beyond 922)	State: after recalculation, contended Hutton was due ~934 days; district court previously adopted 922 days	Court: district court had erred in denying an 11-day shortfall; the Supreme Court reversed that portion and ordered entry of an order awarding a total of 933 days of presentencing credit and remanded for entry of that order

Baker v. State, 248 P.3d 640 (Wyo. 2011) (presentence confinement credit is required for custody while awaiting revocation disposition)
Swain v. State, 220 P.3d 504 (Wyo. 2009) (same principle on credit for revocation detention)
Endris v. State, 233 P.3d 578 (Wyo. 2010) (time in community corrections as resident counts as official detention)
Prejean v. State, 794 P.2d 877 (Wyo. 1990) (community corrections residency treated as official detention for credit purposes)
Yearout v. State, 311 P.3d 180 (Wyo. 2013) (court treatment-ordered as probation condition generally does not entitle defendant to confinement credit)
Daniels v. State, 335 P.3d 483 (Wyo. 2014) (court may award credit for treatment programs if sentencing order indicates intent to treat residency as official detention)
YellowBear v. State, 874 P.2d 241 (Wyo. 1994) (treatment-program confinement credit may be appropriate when court so intends)
Morrison v. State, 272 P.3d 321 (Wyo. 2012) (questioning whether courts can unilaterally convert probationary treatment into official detention)
Askin v. State, 365 P.3d 784 (Wyo. 2016) (district courts retain discretion to award credit even when not strictly required)