Summary
The Supreme Court of Wyoming affirmed the denial of Kenneth Kitzke’s motion for credit against his Wyoming sentence for time he allegedly served beyond the proper term of a Washington sentence. The court held that Kitzke failed to provide sufficient proof of the claimed 762 days and that Wyoming law did not require credit for confinement attributable solely to the Washington sentence and its later modification.
Topics
Practice areas
Questions Presented
- Whether the district court abused its discretion by denying Kitzke credit against his Wyoming sentence for time allegedly served in excess of his Washington sentence.
- Whether Wyoming law required credit for confinement attributable solely to the miscalculation or later modification of a separate Washington sentence.
- Whether the court should adopt a Massachusetts rule granting credit for otherwise 'dead time' served under an erroneous conviction.
Holdings
- The district court did not abuse its discretion in denying Kitzke's motion because he failed to provide sufficient reliable proof establishing that he was entitled to 762 days of credit.
- A defendant is not entitled to credit against a particular Wyoming sentence for confinement attributable to a separate sentence imposed by another state, including confinement resulting from that state's sentence miscalculation.
- The court declined to adopt a rule requiring credit for time served under an erroneous conviction when doing so would prevent otherwise unused or 'dead' time.
Key quotations
“A motion for credit for time served is subject to the sound discretion of the sentencing court.” (84 P.3d at 951)
“Thus, we find that Kitzke failed to present sufficient proof to establish that he was entitled to credit for time served.” (84 P.3d at 952)
“That period of confinement has absolutely nothing to do with his imposed Wyoming sentence.” (84 P.3d at 953)
Factual background
Kitzke was sentenced in Washington to 51 months for unlawful manufacture of marijuana and was later transferred to Wyoming under the Interstate Agreement on Detainers. In Wyoming, he pleaded guilty to possession of marijuana and received a 96-to-120-month sentence consecutive to his Washington sentence. Washington later reduced its sentence to eight months, which it deemed already served, and Kitzke sought 762 days of credit against his Wyoming sentence. The supporting Washington documents were unauthenticated and did not establish that he had been confined 762 days beyond the proper Washington sentence.
Procedural history
Kitzke pleaded guilty in Wyoming to possession of marijuana and received a consecutive sentence of 96 to 120 months, to be served after his Washington sentence. After Washington reduced its sentence from 51 months to 8 months, Kitzke sought credit against his Wyoming sentence for 762 days allegedly served in excess of the Washington sentence. The Wyoming district court denied the motion, and the Supreme Court of Wyoming affirmed.