322 P.3d 47
Wyo.2014Background
- Tallerdy appeals the district court’s order granting in part and denying in part his motion to correct illegal sentence on time-served credits.
- The district court credited Tallerdy with an additional 169 days for time served beyond the initial 144 days, and 66 days for probation-violation time, totaling 379 days credited.
- Tallerdy contends he is entitled to a total of 426 days of credit for time served.
- Statutory credit rules include pretrial confinement credit when due to inability to post bond and credit during probation-revocation proceedings when awaiting revocation is related to the underlying offense.
- The court determined 31 days for the initial arrest period (Oct. 13, 2005 to Nov. 8, 2005) were correctly credited; the record shows release on Nov. 8, 2005.
- Post-sentencing time after March 9, 2007 is not presentence credit; Tallerdy is entitled to 21 days of pre-sentencing credit, which the district court properly awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did district court properly grant time-served credit beyond 144 days? | Tallerdy seeks 426 days total. | State argues 379 days properly credited (144 + 169 + 66 + 21). | Yes; 379 days properly credited. |
| Is any post-sentencing period eligible as presentence credit after March 9, 2007? | Claims additional presentence time from Feb 16 to Apr 20, 2007. | Once delivered to executive custody, no presentence credit for days after sentencing; 21 days pre-sentencing credited. | No; only 21 days pre-sentencing credit applies. |
Key Cases Cited
- Abitbol v. State, 178 P.3d 415 (Wyoming 2008) (time-credit for pretrial confinement when unable to post bond)
- Jackson v. State, 209 P.3d 897 (Wyoming 2009) (credit when awaiting probation revocation attributable to underlying offense)
- Maher v. State, 991 P.2d 1248 (Wyoming 1999) (defining when defendant begins serving sentence for presentence credit purposes)
- Cothren v. State, 2013 WY 125 (Wyoming 2013) (de novo review for claims of illegal sentence due to improper time credits)
- Moronese v. State, 2012 WY 34 (Wyoming 2012) (supporting de novo standard for time-credit determinations)