401 P.3d 889
Wyo.2017Background
- In December 2000 Sargent K. Majors escaped while serving an 18–36 month sentence, kidnapped an elderly woman, was arrested, and pled no contest to kidnapping and guilty to escape; other charges were dismissed.
- The district court sentenced him to 8–10 years for escape and 17–20 years for kidnapping, to run consecutively, and awarded no presentence custody credit.
- Majors appealed only the validity of his no-contest plea; this Court affirmed in Major v. State.
- In July 2015 Majors filed a pro se W.R.Cr.P. 35(a) motion seeking 640 days’ presentence credit (later asserting 1,280 days) for time from his December 2000 arrest to his August 2002 sentencing; the district court denied relief in early 2016 and Majors did not timely appeal that order.
- In May 2016 Majors refiled essentially the same motion seeking 1,280 days of credit; the district court denied it and Majors appealed to this Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Majors is entitled to 1,280 days’ presentence custody credit for time from arrest to sentencing | Majors: he is owed 1,280 days credit against his kidnapping sentence because he completed his escape sentence and the time should count toward kidnapping | State: claim is barred by res judicata because Majors could have raised the credit issue earlier and failed to timely appeal the district court’s denial | Court: claim barred by res judicata; Majors did not show good cause for failing to raise the issue earlier, so relief denied |
Key Cases Cited
- Major v. State, 83 P.3d 468 (Wyo. 2004) (prior direct appeal addressing plea validity)
- Cooper v. State, 225 P.3d 1070 (Wyo. 2010) (W.R.Cr.P. 35(a) claims subject to res judicata; require showing good cause to excuse earlier omission)
- McCarty v. State, 929 P.2d 524 (Wyo. 1996) (W.R.Cr.P. 35(a) claims and res judicata)
- Hamill v. State, 948 P.2d 1356 (Wyo. 1997) (res judicata bars issues that could have been raised earlier)
- Eklund v. Farmers Ins. Exch., 86 P.3d 259 (Wyo. 2004) (four-factor test for res judicata applicability)
- Dolence v. State, 107 P.3d 176 (Wyo. 2005) (res judicata applied to post-conviction sentencing challenges)