Summary
The Wyoming Supreme Court held that the appellant's sentence was illegal because it was impossible to serve it concurrently with an existing sentence while also serving it consecutively to a probationary term that had not yet begun. The court also concluded that incarceration could not be interrupted by a period of probation and remanded for resentencing.
Topics
Practice areas
Questions Presented
- Whether the appealed sentence was illegal because it required the sentence to run concurrently with an already-running term while also running consecutively to a probationary term that had not yet begun.
- Whether a sentence is illegal when its required period of incarceration would be interrupted by a period of probation.
Holdings
- A sentence is illegal when its concurrency and consecutiveness provisions make it impossible to serve the sentence as ordered.
- A sentencing court may not impose a sentence that requires a period of incarceration to be interrupted by a period of probation.
Key quotations
“The appellant is correct that it is impossible for the second Natrona County sentence to be served concurrent with a sentence that is already being served as well as consecutive to a sentence that has yet to begin.” (355)
“The Wyoming legislature has not authorized a sentencing structure permitting a period of incarceration to be split by probation from another sentence.” (355)
“The sentence under appeal is illegal because it is impossible to fulfill, and because it results in a period of incarceration interrupted by a period of probation.” (356)
Factual background
Cothren was serving multiple sentences imposed by different Wyoming district courts for unrelated crimes. His appealed sentence required an eight-to-ten-year term to run concurrently with a Sheridan County incarceration term while also running consecutively to an earlier Natrona County incarceration term and a Platte County probationary term that would begin after the Sheridan County sentence. The court concluded that these requirements could not all be fulfilled and that the sentence would necessarily interrupt incarceration with probation.
Procedural history
Cothren pleaded guilty to forgery and received an eight-to-ten-year sentence ordered to run concurrently with a Sheridan County sentence and consecutively to an earlier Natrona County sentence and a Platte County probationary term. He moved in the Natrona County District Court to correct the sentence as illegal, arguing that the required combination of concurrency and consecutiveness was impossible. The district court denied the motion, and the Wyoming Supreme Court reversed and remanded for resentencing.
Remand instructions
The district court must resentence Cothren and impose a legal sentence.