Beyer v. State

Summary

The Supreme Court of Wyoming affirmed the denial of Craig Beyer's motion to correct an illegal sentence. The court held that Beyer was not entitled to credit against his sentence for time spent in an inpatient substance-abuse treatment program because the district court had not imposed official detention, and an alleged statement by a probation officer did not alter that conclusion.

Holdings

1. A probationer is entitled to credit for time spent in an inpatient alcohol-treatment facility only when the circumstances establish official detention such that a charge of escape would lie. A probation condition requiring treatment and compliance with treatment recommendations, without a court order imposing official detention, does not qualify.
2. The sentence was not illegal because it did not include credit for the time Beyer spent in the treatment program, and the district court properly denied the motion to correct the sentence.

Questions Presented

1. Whether Beyer was entitled to credit against his sentence for time spent in an inpatient alcohol-treatment program while on probation when the sentencing court did not order that he was in official detention or subject to an escape charge for leaving the program.
2. Whether the district court abused its discretion or imposed an illegal sentence by denying Beyer's motion to correct the sentence.

Disposition

affirmed