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CROSBY v. STATE

No. S-10-0153.

247 P.3d 876 (2011)

2011 WY 44

Claude Robert CROSBY, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 10, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Diane Lozano , State Public Defender, PDP; Tina Kerin , Appellate Counsel; Eric M. Alden , Senior Assistant Appellate Counsel. Argument by Mr. Alden.

Representing Appellee: Bruce A. Salzburg , Wyoming Attorney General; Terry L. Armitage , Deputy Attorney General; D. Michael Pauling , Senior Assistant Attorney General; Leda M. Pojman , Senior Assistant Attorney General. Argument by Ms. Pojman.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

KITE, Chief Justice.

[¶ 1] The circuit court imposed a sentence on Claude Robert Crosby that exceeded the maximum authorized by the relevant statute. After serving part of the sentence in the community corrections facility where he had been placed, Mr. Crosby left without authorization. He was charged with escape and claims the charge is improper because he was serving an illegal sentence at the time he left the facility. Upon the parties' stipulation, the district...

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