Rule 46.2 Post Conviction Release or Detention
Rule Text
(a) Pending sentence. — The court shall order that a defendant who has been found guilty of an offense and who is waiting imposition or execution of sentence be detained, unless the court finds that the defendant is not likely to flee or pose a danger to the safety of any other person or the community if released under Rule 46.1(b) or (c). If the court makes such a finding, such court shall order the release of the defendant in accordance with Rule 46.1(b) or (c).
(b) Pending appeal by defendant. — The court shall order that a defendant who has been found guilty of an offense who is waiting and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the court finds that the defendant is not likely to flee or pose a danger to the safety of any other person or the community if released under Rule 46.1(b) or (c). If the court makes such findings, such judicial officer shall order the release of the defendant in accordance with Rule 46.1(b) or (c).
Amendment history: Amended October 30, 1992, effective January 19, 1993. Court failed to provide due process. — Trial court erroneously increased defendant’s jail sentence when it revoked probation and ordered defendant to appear to serve his jail sentence because the increase to the jail sentence was based on defendant’s failure to appear and court did not follow due process procedural safeguards that are required in contempt hearings. Counts v. State, 899 P.2d 1341, 1995 Wyo. LEXIS 128 (Wyo. 1995). Sentencing credit. — Where defendant was arrested for felony attempted larceny, he was granted a conditional release from pretrial custody under subsection (a) of this rule to participate in a residential substance abuse treatment facility; because defendant was not in official detention and was not subject to a charge of escape from official detention under Wyo. Stat. Ann. § 6-5-206(a), defendant was not entitled to credit against his prison sentence for that time period. Morrison v. State, 2012 WY 41, 272 P.3d 321, 2012 Wyo. LEXIS 44 (Wyo. 2012).