§ 7-13-301 — Placing person found guilty, but not convicted, on probation

Wyoming § 7-13-301

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 13: SENTENCE AND IMPRISONMENT
• Art. 3: PROBATION AND SUSPENSION OF SENTENCE

Text

(a) If a person who has not previously been convicted of
any felony is charged with or is found guilty of or pleads
guilty or no contest to any misdemeanor except any second or
subsequent violation of W.S. 31-5-233 or any similar provision
of law, or any second or subsequent violation of W.S. 6-2-510(a)
or 6-2-511(a) or any similar provision of law, or any felony
except murder, sexual assault in the first or second degree,
aggravated assault and battery or arson in the first or second
degree, the court may, with the consent of the defendant and the
state and without entering a judgment of guilt or conviction,
defer further proceedings and place the person on probation for
a term not to exceed thirty-six (36) months upon terms and
conditions set by the court. The terms of probation shall
include that he:
(i) Report to the court not less than twice in each
year at times and places fixed in the order;
(ii) Conduct himself in a law-abiding manner;
(iii) Not leave the state without the consent of the
court;
(iv) Conform his conduct to any other terms of
probation the court finds proper; and
(v) Pay restitution to each victim in accordance with
W.S. 7-9-101 and 7-9-103 through 7-9-115.
(b) If the court finds the person has fulfilled the terms
of probation and that his rehabilitation has been attained to
the satisfaction of the court, the court may at the end of
thirty-six (36) months, or at any time after the expiration of
one (1) year from the date of the original probation, discharge
the person and dismiss the proceedings against him.
(c) If the defendant violates a term or condition of
probation at any time before final discharge, the court may:
(i) Enter an adjudication of guilt and conviction and
proceed to impose sentence upon the defendant if he previously
pled guilty to or was found guilty of the original charge for
which probation was granted under this section; or
(ii) Order that the trial of the original charge
proceed if the defendant has not previously pled or been found
guilty.
(d) Discharge and dismissal under this section shall be
without adjudication of guilt and is not a conviction for any
purpose.
(e) There shall be only one (1) discharge and dismissal
under this section or under any similar section of the
probationary statutes of any other jurisdiction.
(f) This section shall not apply to any person holding any
class of commercial driver's license pursuant to W.S.
31-7-304(a)(i), nor to the driver of any commercial motor
vehicle as defined by W.S. 31-7-102(a)(viii), who is charged
with any offense specified in W.S. 31-7-305.