Hiltner v. State

• Docket Number: S-23-0077
• Decision Date: 23 August 2023
• Citation: 2023 WY 82
• Parties: JOHN HILTNER, Appellant (Defendant), v. THE STATE OF WYOMING, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

1

2023 WY 82

JOHN HILTNER, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

No. S-23-0077

Supreme Court of Wyoming

August 23, 2023

Appeal from the District Court of Sweetwater County The Honorable Richard L. Lavery, Judge

Representing Appellant:

John Hiltner, pro se.

Representing Appellee:

Bridget Hill, Wyoming Attorney General; Jenny L. Craig, Deputy Attorney General; Kristen R. Jones, Senior Assistant Attorney General; John J. Woykovsky, Senior Assistant Attorney General.

Before FOX, C.J., and KAUTZ, BOOMGAARDEN, GRAY, and FENN, JJ.

2

GRAY, JUSTICE

[¶1] John Hiltner appeals from the district court's denial of his motion to correct illegal sentence. He claims his sentence is illegal because he was not given credit for time spent on supervised probation and in residential treatment. We affirm.

ISSUE

[¶2] The Appellant presents one issue:

Did the district court err by not awarding sentencing credit for time spent on probation and for time spent in substance abuse treatment as a condition of probation?^[1]

FACTS

[¶3] In February 2017, Mr. Hiltner pled guilty to felony driving under the influence in violation of Wyo. Stat. Ann. § 31-5-233(b) and in March was sentenced to a term of not less than six nor more than seven years with credit for 110 days served. The sentence was suspended in favor of five years of probation. Mr. Hiltner was required to, among other conditions, complete residential treatment with the Sweetwater County Treatment Court Program. See Wyo. Stat. Ann. § 31-5-233(e).

[¶4] On May 21, 2020, the district court revoked Mr. Hiltner's probation for various violations of the conditions set by the court. He was resentenced to three years supervised probation under the same conditions as his original probation, except this time, he was to complete treatment with residential treatment at the Volunteers of America (VOA). The district court gave him credit of 213 days for time served. Mr. Hiltner did not appeal.

[¶5] On January 15, 2021, the district court again revoked Mr. Hiltner's probation. The district court reduced the underlying sentence, imposing a four- to six-year sentence with credit for 217 days served. The credit included the time Mr. Hiltner spent in custody prior

3

to the revocation. Mr. Hiltner appealed but then moved for voluntary dismissal of his appeal. His appeal was dismissed on May 25, 2021.

[¶6] On April 26, 2022, Mr. Hiltner petitioned the district court for sentence modification or reduction pursuant to W.R.Cr.P. 35(b). His motion referenced the 217 days credit he had received on his sentence and raised no objection to the calculation. The district court denied the motion. Mr. Hiltner did not appeal.

[¶7] On December 9, 2022, the district court received a letter from Mr. Hiltner requesting that he be given credit against his sentence for 76 days spent at the Sheridan VOA. He made no other request for relief. The district court construed Mr. Hiltner's letter as a motion to correct an illegal sentence and denied the request explaining:

A probationer is entitled to credit for time in an inpatient treatment facility if he is subject to a charge of escape because he is in "official detention." Hagerman v. State, 2011 WY 151, ¶ 12, 264 P.3d 18, 21 (Wyo 2011). Consequently, credit for presentence confinement must be granted for time spent in a residential adult community correctional facility or program per Wyo. Stat. Ann. § 7-18-101 et seq. See Prejean v. State, 794 P.2d 877, 878 (Wyo. 1990) (credit for time served frequently depends on whether a charge of escape from detention will lie); Hutton v. State, 2018 WY 88, ¶¶ 19-20[, 422 P.3d 967, 971] (Wyo. 2018). Time in an inpatient treatment program does not count as presentence confinement because an escape charge cannot be brought. Beyer v. State, 2008 WY 137, ¶ 11, 196 P.3d 777, 780 (Wyo. 2008); Craig v. State, 804 P.2d 686, 688 (Wyo. 1991).

. . .

Defendant requests credit for time he was at the Sheridan VOA treatment center from June 3, 2020, to August 18, 2020. He states that it was brought to his attention that under Wyo. Stat. Ann. § 7-13-1803, he was "in custody" while he was in treatment. That is a misunderstanding. Wyo. Stat. Ann. § 7-13-1803(c) provides for credit for

...