Valerie Francis Means v. The State of Wyoming

IN THE SUPREME COURT, STATE OF WYOMING
2023 WY 6October Term, A.D. 2022
January 25, 2023
VALERIE FRANCIS MEANS,
Appellant
(Defendant),
v. S-22-0246
THE STATE OF WYOMING,
Appellee
(Plaintiff).
ORDER GRANTING UNOPPOSED MOTION TO REVERSE AND REMAND
[¶1] This matter came before the Court upon Appellee’s Unopposed Motion to Reverse
and Remand, e-filed herein January 6, 2023. After a careful review of the motion and the
file, this Court finds as follows. Appellant took this appeal to challenge the district court’s
Order After Evidentiary Hearing, wherein the district court revoked Appellant’s probation,
imposed the underlying sentence of three to five years, and awarded credit for 240 days
served. The district court declined to award credit for time Appellant served as a resident
of an Adult Community Corrections (ACC), namely the Volunteers of America ACC in
Gillette.
[¶2] In her only appellate issue, Appellant contends she should receive additional credit
for the time she served as a resident of the ACC. The State of Wyoming agrees with
Appellant and filed Appellee’s Unopposed Motion to Reverse and Remand.
[¶3] This Court agrees that Appellant should receive additional credit for time served as
a resident of the ACC. “[I]t is well-established that a person residing in a community
correctional program is in official detention, and that time spent in a community corrections
facility must be counted against a sentence that is imposed upon violation of the terms of
probation.” Baker v. State, 2011 WY 53, ¶ 9, 248 P.3d 640, 642 (Wyo. 2011). There is no
dispute Appellant was a resident of an ACC. Hutton v. State, 2018 WY 88, ¶¶ 19-20, 422
P.3d 967, 971 (Wyo. 2018) (Denying credit for time spent in “nonresident portion of the
Volunteers of America program.”) However, the parties do not agree on the date Appellant
entered the ACC in January 2022. Thus, this Court will remand for the district court to
determine the number of additional days of credit Appellant should receive for time served
as the resident of an ACC. It is, therefore,
[¶4] ORDERED the Fremont County District Court’s September 19, 2022, Order After
Evidentiary Hearing be, and hereby is, reversed in part, to the extent noted above; and it is
further
[¶5] ORDERED that this matter is remanded to the district court for that court to
determine the number of days of credit Appellant should receive for her time served as a
resident of the ACC; and it is further
[¶6] ORDERED that this Court retains no jurisdiction over this matter.
[¶7] DATED this 25th day of January, 2023.
BY THE COURT:
/s/
KATE M. FOX
Chief Justice