Craig v. State, 90-105
| Decision Date | 23 January 1991 |
| Docket Number | No. 90-105,90-105 |
| Citation | 804 P.2d 686 |
| Parties | Billy Joe CRAIG, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Leonard D. Munker, State Public Defender, Steven E. Weerts, Sr. Asst. Public Defender, and David M. Gosar, Appellate Counsel, for appellant.
Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Karen A. Byrne, Sr. Asst. Atty. Gen., Theodore E. Lauer, Director, Prosecution Assistance Program, and Larry D. Saunders, Student Intern, for appellee.
Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.
After Billy Joe Craig (Craig) violated his conditions of probation on three separate occasions, a district court reinstated his original three to five year sentence for grand larceny. That court refused to credit Craig's original sentence with the days he had been in custody after the first and second times he had failed to comply with probation requirements. Craig questions whether a court may refuse to credit his original sentence with the days he spent in custody before his original sentence was reinstated. Craig claims that those days in custody must be credited to his original sentence. We agree. 1
Craig stole a vehicle on June 20, 1987, for which he was arrested on July 7, 1987. After spending fourteen days in jail, he pled guilty to grand larceny on July 20, 1987. He was sentenced to three to five years in the state penitentiary but his jail time was suspended on the condition that he complete five years of probation. About a year later, on May 14, 1988, Craig violated his probation when he escaped from the Sheridan County, Wyoming jail while awaiting an initial appearance on a shoplifting charge. Because of his admitted escape, his probation was revoked for the first time on June 2, 1988 and he was ordered jailed at the Sheridan County jail for ninety days. On July 28, 1988, after fifty-seven days in the Sheridan County jail, the balance of Craig's ninety day jail term was suspended so Craig could be admitted to the Pine Ridge Hospital for alcohol dependency treatment. Craig was admitted to Pine Ridge Hospital on July 29, 1988 and discharged thirty-nine days later on September 5, 1988.
On March 6, 1989, Craig's probation was revoked for the second time when he pled guilty to a separate offense of issuing forged checks. At that time, he was sent to the state penitentiary. After 199 days in the penitentiary, Craig's motion for sentence reduction was granted and his prison sentence was suspended. He was given yet another chance and placed on probation on September 20, 1989.
On March 6, 1990, Craig was once again arrested after violating his probation by leaving Wyoming without permission. On March 21, 1990, the district court revoked
Craig's probation for the third time. The district judge reinstated Craig's original three to five year sentence and ordered that Craig not receive credit for his previous time of incarceration.
In his appeal, Craig claims his incarceration time should be credited against his sentence. He argues that the district court's decision to reinstate his original sentence without crediting the time he already served violates pertinent case law regarding the constitutional requirement that all incarceration time be credited against a sentence. See Ramirez v. State, 800 P.2d 503 (Wyo.1990); Prejean v. State, 794 P.2d 877 (Wyo.1990); Yates v. State, 792 P.2d 187 (Wyo.1990); Renfro v. State, 785 P.2d 491 (Wyo.1990); and North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). We agree.
In Prejean, 794 P.2d at 877, we held that an individual who was again "incarcerated following a violation of parole, [was] entitled to credit for time that he served as a residential inmate in a community correctional facility." Just as the individual is entitled to credit for time served in a community correctional facility, so too is an individual entitled to credit for time served in a county jail and in the state penitentiary. "In Renfro v. State, 785 P.2d 491 (Wyo.1990), this court held unequivocally that, when a sentence to a term of imprisonment is imposed, pre-sentence confinement must be credited against both the maximum term and the minimum term." Prejean, 794 P.2d at 878. Although Renfro addresses entitlement of credit for presentence confinement and Prejean addresses entitlement for credit for time served in a community correctional facility prior to reincarceration for a parole violation, Renfro and its progeny...
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