State v. Smith
In State v. Smith, 988 P.2d 39, 40 (Wyo 1999), the Wyoming Supreme Court acknowledged the equal protection provided an indigent defendant in awarding credit for presentence custody.
However, the court held that "[a] defendant is not . . . entitled to credit for the time that he spent in custody when his confinement would have continued despite his ability to post bond." Id. .
Smith was not awarded credit on his sentence for time spent in presentence custody after his bond had been revoked and he was returned to jail.
He was only credited for the 20 days he spent in jail from his initial arrest until he was released on bond. He was free on bond for six weeks until he violated one of the conditions of his release and was arrested.
The time Smith spent in jail following this arrest and prior to his sentencing was not credited. Id.