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Wayt v. State3/11/1996
Sentenced to not less than three years nor more than five years in the Wyoming State Penitentiary for the crime of burglary, appellant complains he was the victim of an illegal sentencing procedure and wants credit for time served on unrelated offenses. Finding any defect to be harmless, we affirm.
I. ISSUES
Appellant states his issues as follows:
I. Whether the presentence investigation report and sentencing proceeding violated appellant's right to due process and Wyoming Rule of Criminal Procedure 32.
II. Whether the trial court failed to award the appellant credit for presentence incarceration.
Appellee refines the issues with the following questions:
I. Did the trial court violate appellant's right to due process by relying on false or improper premises prior to imposing sentence?
II. Were the requirements of Rule 32(A)(3)(C) of the Wyoming Rules of Criminal Procedure applicable in this case?
III. Was the appellant entitled to receive more than nineteen (19) days presentence confinement credit for the burglary conviction?
II. FACTS
At 4:20 a.m. on April 20, 1994, Mark Wayt (Wayt) was caught with a wheelbarrow full of supplies he was preparing to liberate from Kilwein Drilling. Charged that same day with burglary, Wayt was held in the Natrona County, Wyoming jail from April 20, 1994 until May 5, 1994 (fifteen days). On May 5, 1994, Wayt waived his preliminary hearing and was admitted to bail.
On June 16, 1994, Wayt was arrested in Platte County, Wyoming for driving while under the influence (DUI), driving while under suspension, and possession of a controlled substance. As a direct consequence of that arrest, Wayt spent the next fifty-four days in the Platte County jail. On August 9, 1994, Wayt was sentenced in Platte County to six months confinement for each of his three Platte County offenses, with all but fifty-four days of that sentence suspended and credit for time served.
A nervous Natrona County bondsman revoked Wayt's bond on the burglary charge with news of his Platte County arrest, so his release from the Platte County jail was into the waiting arms of Natrona County authorities. In that moment of relative sobriety, Wayt pled guilty to the Natrona County burglary charge on August 9, 1994, and was, once again, admitted to bail three days later on August 12, 1994, pending a sentencing hearing set for November 29, 1994.
Returning to Wheatland, Wyoming, Wayt was again arrested in Platte County for DUI, driving while license suspended, and improper display of registration. Wayt pled guilty to the three charges and was sentenced on August 18, 1994 to three consecutive six month terms with credit for time served. Needless to say, the burglary bond was again revoked, but Wayt remained in the Platte County jail serving the justice court sentences until his November 29, 1994 sentencing for burglary in Natrona County.
On November 29, 1994, fresh from the Platte County jail, Wayt was sentenced for the Natrona County burglary to a term of not less than three years nor more than five years in the state penitentiary. He was granted credit "for nineteen (19) days previously served in the Natrona County Detention Center."
Asserting entitlement to credit for time served in Platte County, Wayt also scores the sentencing court's failure to make a record concerning inaccuracies in his presentence investigation report (PSI). Specifically, Wayt complains that his PSI listed a conviction for wrongful disposition of property, despite reversal of that conviction in Wayt v. State, 809 P.2d 802 (Wyo.
Page 1 2 3 4 Wyoming DUI Attorneys
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