Center v. State

2011 WY 73, 252 P.3d 963, 2010 WL 6557323
CourtWyoming Supreme Court
DecidedApril 27, 2011
DocketS-10-0211
StatusPublished
Cited by6 cases

This text of 2011 WY 73 (Center v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Center v. State, 2011 WY 73, 252 P.3d 963, 2010 WL 6557323 (Wyo. 2011).

Opinions

HILL, Justice.

[T1] Appellant, Willis A. Center, Sr. (Center), appeals from an order of the district court denying his motion to correct an illegal sentence. His initial brief was filed pro se. However, a brief in reply to the brief filed by the State was filed on his behalf by the University of Wyoming, College of Law, Defender Aid Program. He contends that [964]*964the district court sent him from an alcohol treatment center (WYSTAR), to the state penitentiary, in a manner that violated his constitutional rights (due process of law). In a closely related argument, Center contends that the district court imposed a sentence that permitted non-judicial personnel to revoke his placement at WYSTAR in a manner that violated his rights to due process of law. We will remand this matter to the district court with directions that the district court credit Center for all time served in connection with his detention at WYSTAR. The district court's sentence is otherwise affirmed.

ISSUES

[T2] Center raises these issues:

1. The district court was in error by sending [Center] directly to prison, without holding either a preliminary or final probation revocation hearing, in violation of the Fourteenth Amendment's Due Process Clause and Wyo. Const. art. 1, § 6.
2. The district court improperly imposed a sentence providing for a later revocation by non-judicial personnel, in violation of the Fourteenth Amendment's Due Process Clause and Wyo. Const. art. 1, § 6.

The State reformulates those issues in this . phrase:

Is [Center's] sentence illegal merely because the district court stayed its issuance of the mittimus, in order to conditionally release [Center] for alcohol abuse treatment, and later issued the mittimus without a further hearing?

Center's Reply Brief asserts that the State's brief suggests these additional issues:

1. [The State] argues that Center's claim of illegal sentencing is barred by res judi-cata because it could have been raised on direct appeal, in Center's motion for sentence reduction, or in Center's petition for post-conviction relief.
2. [The State] maintains that Center's claims are untimely because they should have been raised either on direct appeal from the judgment and sentence or on appeal from the order that led to his incarceration following his termination at WYS-TAR.
3. [The State] argues that if this Court reviews Center's claims, it should do so under the "plain error" standard rather than the "abuse of discretion" standard.
4. [The State] argues that to the extent Center's sentence permitted his treatment at WYSTAR, it was unambiguously designated a furlough, not a sentence of probation.
5. [The State] asserts that the district court granted [him] a "furlough" after it imposed a legal sentence, and therefore conferring upon WYSTAR officials the power to determine whether Center should be expelled from treatment and sent instead to prison, without an opportunity to be heard, was not improper delegation or otherwise unlawful.

FACTS AND PROCEEDINGS

[T3] Center entered a plea of nolo con-tendere to the crime of aggravated assault and battery on September 4, 2008. W.R.Cr.P. lli@)(1)(A). Judgment was entered on that plea on September 283, 2008. Sentence and a Mittimus were entered on November 24, 2008. The sentence imposed was incarceration for a period of 36 to 80 months and no mention is made of probation, except that the district court saw little hope for him on "supervision." Instead, the execution of the sentence was, in essence, conditionally stayed pending Center's admission to WYSTAR, and Center was granted a "furlough" for that purpose. With respect to a "furlough," Wyo. Stat. Ann. § 7-13-701 (Lexis Nexis 2009) provides:

§ 7-13-701. Definitions; establishment of programs.
(a) As used in this section:
(1) "Department" means the state department of corrections;
(ii) "Compassionate leave" means a temporary release to visit a member of the inmate's immediate family who is in danger of death, or to attend the funeral services or other last rites of a member of the inmate's immediate family;
[965]*965(ii) "Immediate - family - member" means a spouse, child, parent, brother or sister.
(b) The department may adopt reasonable rules and regulations which will provide for a reentry furlough program for inmates of any state penal institution. The reentry furlough program shall be designed for inmates who are about to be released on parole or final discharge from imprisonment to aid in their reintegration as productive members of society. The program may provide for escorted or unescorted temporary leaves of absence from the institution for purposes of:
(i) Securing community living arrangements;
(ii) Job interviews with prospective employers;
(ii) Learning or relearning necessary living skills; and
(iv) Other purposes, consistent with the public interest, necessary for the inmate's successful reintegration into society.
(c) The department may adopt reasonable rules and regulations which will establish a furlough program to provide for escorted or unescorted temporary leaves of absence from any state penal institution for purposes of:
(i) Maintaining the prisoner's relationship with immediate family members; and
(ii) Providing leaves. for - compassionate

[T4] The district court recognized that it was taking a risk in allowing Center to receive alcohol rehabilitation treatment pending execution of his sentence, and to a significant extent what the district court did here was an "ad hoe" sentence, although one that was not necessarily contrary to the law that applies to sentencing. The district court made it very clear that if Center did not succeed at WYSTAR, he would be remanded to the Department of Corrections, "no hearing, no nothing." In his reply brief, Center characterized the sentence as "hopelessly confusing." In the full context of the proceedings in this case, the sentence actually is quite clear. Center had an extensive criminal history that included ever more serious criminal offenses. The district court was willing to give Center a chance at some rehabilitative treatment before incarceration began. Based on the material in the record on appeal, it is apparent that Center willfully refused to conform his behavior to the expectations of the WYSTAR program.

[T5] Center failed at WYSTAR for several reasons, but most importantly because he refused to complete his written "first step" of the Alcoholics Anonymous program utilized by WYSTAR. A document in the file dated October 26, 2009, appears to be Center's effort at completing AA's first step. The State concedes that the record does not re-fleet with certainty the means used to transfer Center from WYSTAR to the Department of Corrections. However, Center does not assert, much less offer any sort of proof, that the sentence at issue was imposed in a manner that strayed from what the district court represented to him at the sentencing hearing.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Teddy Dean Daniels
2014 WY 125 (Wyoming Supreme Court, 2014)
Scott v. State
2012 WY 86 (Wyoming Supreme Court, 2012)
Morrison v. State
2012 WY 41 (Wyoming Supreme Court, 2012)
Hagerman v. State
2011 WY 151 (Wyoming Supreme Court, 2011)
Center v. State
2011 WY 73 (Wyoming Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2011 WY 73, 252 P.3d 963, 2010 WL 6557323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/center-v-state-wyo-2011.