272 P.3d 321
Wyo.2012Background
- Morrison was arrested for felony attempted larceny on April 27, 2009.
- An August 10, 2009 furlough to WYSTAR for treatment was ordered with specific terms and a notice about potential escape.
- He entered WYSTAR on September 1, 2009 and later pled guilty under a plea agreement modifying the sentence terms.
- January 2010 filings modified the deal to suspend incarceration and require participation in WYSTAR’s outpatient transition program.
- March 15, 2010 he left the transition program; bond was revoked in February 2011 and he was incarcerated pending sentencing.
- April 14, 2011 he was sentenced to 3–5 years with 214 days’ credit, explicitly excluding credit for time in WYSTAR; an indigent civil legal services fee was also imposed, but the issue was not properly preserved for appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for time served in WYSTAR | Morrison contends time in WYSTAR should be credited. | State argues no official detention, thus no credit. | Credit not required; time in WYSTAR was not official detention. |
| Indigent civil legal services fee on appeal | Morrison argues fee was improper due to lack of disclosure. | State notes Rule 11 allows relief only if raised in district court. | Issue not reviewable on appeal due to lack of preservation. |
Key Cases Cited
- Hagerman v. State, 264 P.3d 18 (Wyoming 2011) (credit for time served when applicable; precision on detention status)
- Center v. State, 252 P.3d 963 (Wyoming 2011) (credit when confinement tied to underlying sentence)
- Endris v. State, 233 P.3d 578 (Wyoming 2010) (credit when probationary confinement relates to sentence)
- Swain v. State, 220 P.3d 504 (Wyoming 2009) (credit in interim custody situations)
- Beyer v. State, 196 P.3d 777 (Wyoming 2008) (credit considerations in inpatient treatment contexts)
- Abitbol v. State, 178 P.3d 415 (Wyoming 2008) (credit when multiple concurrent sentences)
- YellowBear v. State, 874 P.2d 241 (Wyoming 1994) (credit for escape-related detentions; distinction with bail)
- Prejean v. State, 794 P.2d 877 (Wyoming 1990) (credit for time in state hospital and related facilities)
- Westmark v. State, 864 P.2d 1031 (Wyoming 1993) (character of leave controls, not title of document)
- Russell v. Sullivan, 2012 WY 20 (Wyoming 2012) (treatment of furlough/conditional release)
- Mathewson v. Estate of Nielsen, 2011 WY 71 (Wyoming 2011) (ground rules for release and credit considerations)
- Plymale v. Donnelly, 2006 WY 3 (Wyoming 2006) (principles on confinement and credit)