(DOWNLOAD) "Milladge v. State" by Supreme Court of the United States ~ eBook PDF Kindle ePub Free
eBook details
- Title: Milladge v. State
- Author : Supreme Court of the United States
- Release Date : January 14, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The only issue in this case is whether David Milladge (Milladge) is entitled to credit on his sentence for time served in presentence confinement, which he sought by a Motion to Vacate or Correct Sentence under WYO.R.CRIM.P. 35(a). In addressing that question, we must apply WYO.R.CRIM.P. 32(c), which formalizes our decision in Renfro v. State, 785 P.2d 491, 498 (Wyo. 1990). After pleading guilty to felony check fraud in Cheyenne and then in Laramie, Milladge first was sentenced to a term of not less than three and one-half, nor more than four and one-half, years on the Cheyenne charge. In that sentence, he was granted credit for ninety-eight days of presentence confinement. - Page 1157 His subsequent sentence for the Laramie charge was for a term of not less than two years nor more than five years to run consecutively to the Cheyenne sentence. No credit was given for presentence confinement on the Laramie sentence. In both instances, the execution of the sentence was suspended, and he was placed on probation. When his probations were revoked, the sentences imposed upon Milladge were modified by the district court for the Second Judicial District so that the Cheyenne sentence was to be served concurrently with the Laramie sentence. In modifying the Cheyenne sentence and imposing it to run concurrently with the Laramie sentence, the district court specified it had taken Milladges presentence confinement into account. It did not follow WYO. R.CRIM.P. 32(c), however, and we are unable to fashion a correct award for time spent in presentence confinement in Laramie from the record. We remand the case for the limited purpose of written findings to comply with the provisions of WYO.R.CRIM.P. 32(c).
 "Milladge v. State" by Supreme Court of the United States ~ eBook PDF Kindle ePub Free){kind=link}