Summary
The Wyoming Supreme Court held that a sentence exceeding the statutory maximum was illegal but was not void in its entirety. The court affirmed the lawful portion of the sentence, concluded that the defendant was lawfully confined when he allegedly escaped, and held that the escape prosecution could continue.
Topics
Practice areas
Questions Presented
- Whether the sentence exceeding the statutory maximum was void ab initio in its entirety or was an illegal sentence subject to correction under Wyoming Rule of Criminal Procedure 35(a).
- Whether the State could continue prosecuting Crosby for escape when the escape charge was filed while he was serving the illegal sentence.
- Whether the legal portion of a divisible sentence could support an escape prosecution despite the sentence's excessive portion.
Holdings
- A sentence that exceeds the statutory maximum is illegal, but it is not necessarily void in its entirety when the sentence is divisible.
- The excessive sentence was an illegal sentence subject to correction at any time under Wyoming Rule of Criminal Procedure 35(a).
- The escape prosecution could continue because Crosby was lawfully confined under the valid portion of his divisible sentence when he allegedly escaped.
Key quotations
“We affirm the term of imprisonment up to six months and strike the remainder. Mr. Crosby had not yet served six months when he allegedly escaped from the correctional facility. At the time he escaped, he was lawfully confined. The prosecution for the escape charge may continue.” (247 P.3d at 878-879, ¶ 11)
Factual background
Crosby was convicted of his third DUI offense and sentenced to 365 days in jail, with 270 days suspended and credit for time served, leaving 90 days to serve. Because the statute authorized a maximum sentence of only six months, the sentence exceeded the statutory maximum. Before completing the lawful portion of his sentence, Crosby allegedly left a correctional facility and his work site without authorization, leading to an escape charge. The sentencing court later reduced the sentence to 180 days with 90 days suspended.
Procedural history
Crosby was convicted of third-offense driving under the influence and received a 365-day sentence, although the governing statute authorized a maximum of six months. After Crosby allegedly left a correctional facility without authorization, he was charged with escape. The sentencing court later reduced the sentence by nunc pro tunc order to 180 days with 90 days suspended. Crosby moved to dismiss the escape charge, and the district court certified the parties' stipulated questions to the Wyoming Supreme Court.
Remand instructions
Remanded to the district court for proceedings consistent with the opinion; the escape prosecution may continue.