335 P.3d 483
Wyo.2014Background
- Daniels pled guilty in 2009 to possession of over three ounces of marijuana; district court sentenced to 1–3 years, suspended on two years of probation.
- In 2011 probation was revoked for substance use; district court reinstated probation and ordered treatment with credit for presentence confinement and treatment time if successful.
- Written order stated 160 days credit for presentence confinement; and potential additional credit for successful inpatient treatment.
- In 2013 Daniels again violated probation; at sentencing the court awarded 173 days credit, denying treatment-time credit, citing a recent Wyoming Supreme Court decision about escape.
- Daniels argued the district court had authority to grant treatment-time credit and that denial violated due process and double jeopardy; record showed conflicting evidence on completion of treatment.
- Court reverses and remands to determine whether Daniels completed treatment and to award credit if proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for treatment time after probation revocation | Daniels seeks credit for inpatient treatment time against sentence. | District court claimed no authority to grant such credit. | District court erred; could grant credit; remand for factual completion and credit if proper. |
| Due process and double jeopardy impact of denying treatment credit | Violation due to failure to credit time spent in treatment. | No compelling authority requiring credit for treatment time. | Due process violations found; need remand to resolve completion and credit. |
Key Cases Cited
- Hedge v. State, 696 P.2d 51 (Wyo. 1985) (trial court may grant presentence credit where appropriate)
- Yearout v. State, 311 P.3d 180 (Wy. 2013) (official detention required for credit; escape-charge issue controls)
- YellowBear v. State, 874 P.2d 241 (Wy. 1994) (review of treatment-credit depending on detention status and order language)
- Beyer v. State, 196 P.3d 777 (Wy. 2008) (analysis of treatment-credit using YellowBear rationale)
- Center v. State, 252 P.3d 963 (Wy. 2011) (credit for presentence confinement when ordered for treatment)
- Sweets v. State, 36 P.3d 1130 (Wy. 2001) (district court discretion to grant presentence credit in related contexts)
- Gomez v. State, 85 P.3d 417 (Wy. 2004) (due process limits on improper sentencing credits)
- Cothren v. State, 310 P.3d 908 (Wy. 2013) (due process implications of presentence credit decisions)