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Summary 2008 WY 137

Summary of Decision issued November 19, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Beyer v. State

Citation: 2008 WY 137

Docket Number: S-08-0046

Appeal from the District Court of Sheridan County, the Honorable John G. Fenn, Judge.

Representing Appellant Beyer: Craig James Beyer, pro se.

Representing Appellee State: Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Graham Macdonald Smith, Assistant Attorney General.

Facts/Discussion: Beyer appealed the denial of his motion to correct an illegal sentence. He contended that when the probation officer ordered him to attend an inpatient substance abuse treatment program under threat of revocation and an escape charge if he did not comply, it meant that he was entitled to credit for that time toward his sentence. He incorrectly applied the statement from YellowBear that a probationer is entitled to credit for time spent in an inpatient alcohol treatment facility when a charge of escape will lie. Beyer was not cautioned by the court that he was considered to be in custody while at the program.

Holding: Beyer presented no authority for the proposition that an officer?s statement imposes official detention for the purposes of the escape statute. Beyer was not entitled to credit against his sentence for the time he spent undergoing treatment.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/5gvsrw .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on November 19, 2008 (boomark / email).