Apodaca v. State

In Apodaca v. State, 891 P.2d 83 (Wyo. 1995), Apodaca was convicted of a new crime while on parole and was sentenced to a term of years for the new crime. The trial court, aware that Apodaca might have his parole revoked, refused to determine if the new sentence should be served consecutively or concurrently with his parole sentence. Rather, the district court declined to act until the parole board determined whether Apodaca's parole would be revoked. The parole board later revoked Apodaca's parole, but the district court declined to take further action. Upon review of Apodaca's sentence, this court held that, when the trial court is silent, the presumption is that the sentences are to be served consecutively. Apodaca, 891 P.2d at 84-85.