State v. Allen Wray
101 A.3d 884
R.I.2014Background
- Allen Wray was arrested on robbery charges on January 30, 2006, and simultaneously presented as a probation violator on earlier drug-related convictions with suspended sentences.
- On April 12, 2006, Wray was adjudicated a probation violator and the previously suspended drug-related sentences were activated (he began serving those sentences).
- Wray was indicted on the robbery counts April 14, 2006; tried in December 2008, convicted on both counts, and sentenced April 24, 2009 to concurrent ten-year-to-serve/ten-year-suspended robbery sentences to run concurrently with his activated drug sentences.
- Wray moved pro se in 2012 for credit for time served under G.L. 1956 § 12-19-2(a), claiming credit for time incarcerated from January 30, 2006 through April 24, 2009 (about 3 years, 3 months), or at least for January 30–April 12, 2006.
- The Superior Court denied the motion; Wray appealed to the Rhode Island Supreme Court.
Issues
| Issue | Plaintiff's Argument (Wray) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Wray is entitled to § 12-19-2(a) credit for confinement from Jan 30, 2006 to Apr 24, 2009 (pre-sentence "dead time") | Wray: all days incarcerated awaiting trial/sentencing must reduce robbery sentences under § 12-19-2(a). | State: from Apr 12, 2006 onward Wray was serving activated drug sentences, not "awaiting trial/sentencing," so no credit to robbery sentences; earlier days already credited to drug sentences. | Court: Partial approval — credit denied for Apr 12, 2006–Apr 24, 2009 because he was serving activated sentences; credit required for Jan 30–Apr 12, 2006 because those days were pre-adjudication and sentences run concurrently. |
| Whether sentencing judge could set robbery sentences to begin on Apr 24, 2009 without applying pre-sentence credit | Wray: sentencing date should not defeat statutory dead-time credit. | State: sentencing order indicated sentences to begin Apr 24, 2009 (implying no pre-sentence credit). | Court: Sentencing judge should impose sentence; application of § 12-19-2(a) credit is for the warden to calculate and apply. Any intent to deny credit by setting a later start date was erroneous. |
Key Cases Cited
- State v. Ilacqua, 765 A.2d 822 (R.I. 2001) (dead-time provision protects those held without bail from serving extra time compared to similarly sentenced defendants)
- State v. Skirvin, 322 A.2d 297 (R.I. 1974) (adjudication as probation violator converts status from awaiting sentencing to serving a sentence for purposes of dead-time credit)
- State v. Holmes, 277 A.2d 914 (R.I. 1971) (sentencer should impose sentence without regard to pretrial confinement; credit application is administrative)
- Rose v. State, 92 A.3d 903 (R.I. 2014) (dead-time ensures identical incarceration lengths for identical sentences)
- Santos v. Howard, 278 A.2d 839 (R.I. 1971) (principles supporting equitable credit for pretrial confinement)