State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter10

CHAPTER 10 - SENTENCING

 

ARTICLE 1 - GENERALLY

 

6-10-101. "Felony" and "misdemeanor" defined.

 

Crimeswhich may be punished by death or by imprisonment for more than one (1) yearare felonies. All other crimes are misdemeanors.

 

6-10-102. Imposition of fine for any felony; maximum fine where not establishedby statute; court automation fee; indigent civil legal services fee.

 

The court may impose a fine as part of thepunishment for any felony. If the statute does not establish a maximum fine,the fine shall be not more than ten thousand dollars ($10,000.00). The courtshall impose a court automation fee of ten dollars ($10.00) in every criminalcase wherein the defendant is found guilty, enters a plea of guilty or nocontest or is placed on probation under W.S. 7-13-301. The fee shall be remittedas provided by W.S. 5-3-205. In addition to the court automation fee the courtshall impose an indigent civil legal services fee of ten dollars ($10.00) inevery criminal case wherein the defendant is found guilty, enters a plea ofguilty or no contest or is placed on probation under W.S. 7-13-301 or35-7-1037. The indigent civil legal services fee shall be remitted as providedin W.S. 5-3-205(a)(ii).

 

6-10-103. Penalties for misdemeanors where not prescribed by statute;court automation fee; indigent civil legal services fee.

 

Unless a different penalty is prescribed bylaw, every crime declared to be a misdemeanor is punishable by imprisonment inthe county jail for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both. The court shall impose a courtautomation fee of ten dollars ($10.00) in every criminal case wherein thedefendant is found guilty, enters a plea of guilty or no contest or is placedon probation under W.S. 7-13-301. The fee shall be remitted as provided by W.S.5-3-205. In addition to the court automation fee the court shall impose anindigent civil legal services fee of ten dollars ($10.00) in every criminalcase wherein the defendant is found guilty, enters a plea of guilty or nocontest or is placed on probation under W.S. 7-13-301. The indigent civillegal services fee shall be remitted as provided in W.S. 5-3-205(a)(ii).

 

6-10-104. Court to fix punishment within prescribed limits.

 

Withinthe limits prescribed by law, and subject to W.S. 7-13-108, the court shalldetermine and fix the punishment for any felony or misdemeanor, whether thepunishment consists of imprisonment, or fine, or both.

 

6-10-105. Commitment for refusal to pay fine or costs; rate per day.

 

Aperson committed to jail for refusing to pay a fine or costs may be imprisoneduntil the imprisonment, at the rate of fifteen dollars ($15.00) per day, equalsthe amount of the fine or costs, or the amount shall be paid or secured to bepaid when he is discharged.

 

6-10-106. Rights lost by conviction of felony; restoration.

 

(a) A person convicted of a felony is incompetent to be anelector or juror or to hold any office of honor, trust or profit within thisstate, unless:

 

(i) His conviction is reversed or annulled;

 

(ii) He receives a pardon;

 

(iii) His rights are restored pursuant to W.S. 7-13-105(a); or

 

(iv) His rights as an elector are restored pursuant to W.S.7-13-105(b) and (c), in which case the person shall remain incompetent to be ajuror or to hold any office of honor, trust or profit within this state.

 

6-10-107. Minimum term of imprisonment.

 

Theminimum term of imprisonment in any state penal institution is not less thanone (1) year.

 

6-10-108. Disposition of fines.

 

Anofficer who collects a fine, unless otherwise required by law, shall pay thefine into the general fund of the county in which the fine was assessed withinthirty (30) days of receipt. The officer shall obtain duplicate treasurer'sreceipts and deposit one (1) with the county clerk.

 

6-10-109. Sentences for felonies.

 

Whereverin this or in any other title of the Wyoming statutes a statute makes referenceto a term of imprisonment or a sentence to the penitentiary, or otherreferences to incarceration in a state penal institution, such references shallinclude the Wyoming state penitentiary, the Wyoming women's center or any otherstate penal institution created by law for the incarceration of convictedfelons. The place of incarceration of a convicted felon shall be determined asprovided by W.S. 7-13-108.

 

6-10-110. Renumbered by Laws 1987, ch. 157, 3.

 

ARTICLE 2 - HABITUAL CRIMINALS

 

6-10-201. "Habitual criminal" defined; penalties.

 

(a) A person is an habitual criminal if:

 

(i) He is convicted of a violent felony; and

 

(ii) He has been convicted of a felony on two (2) or moreprevious charges separately brought and tried which arose out of separateoccurrences in this state or elsewhere.

 

(b) An habitual criminal shall be punished by imprisonment for:

 

(i) Not less than ten (10) years nor more than fifty (50)years, if he has two (2) previous convictions;

 

(ii) Life, if he has three (3) or more previous convictions.

 

6-10-202. Penalties not affected.

 

(a) Nothing in this article shall abrogate or affect:

 

(i) The punishment of death in crimes for which the deathpenalty is imposed;

 

(ii) The punishment of life imprisonment without parole in casesin which that penalty is imposed.

 

6-10-203. Information or indictment; trial; prima facie evidence ofprevious convictions.

 

(a) An information or indictment which charges a person as anhabitual criminal shall set forth the charged felony and allege the previousconvictions.

 

(b) The trial on the charged felony shall proceed as in othercases, but the jury shall not be informed of the previous convictions. If thedefendant is convicted of the charged felony and does not plead guilty to thecharge of the previous convictions, he shall be tried immediately by the samejury or judge on the charge of the previous convictions.

 

(c) In a trial under this article, a duly authenticated copy ofthe record of previous convictions and judgments against the defendant of anycourt of record are prima facie evidence of the previous convictions and may beused in evidence against the defendant.

 

ARTICLE 3 - LIFE SENTENCE WITHOUT PAROLE

 

6-10-301. Life imprisonment without parole.

 

(a) Pursuant to article 3, section 53 of the Wyomingconstitution, a sentence of life imprisonment without parole is created forspecified crimes designated in the Wyoming Criminal Code.

 

(b) A person sentenced to life imprisonment without paroleshall not be eligible for parole and shall remain imprisoned under thejurisdiction of the department of corrections during the remainder of his lifeunless pardoned by the governor.

 

(c) A sentence specifically designated as a sentence of lifeimprisonment without parole is not subject to commutation by the governor. Asentence of life or life imprisonment which is not specifically designated as asentence of life imprisonment without parole is subject to commutation by thegovernor. A person sentenced to life or life imprisonment is not eligible forparole unless the governor has commuted the person's sentence to a term ofyears.

 

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter10

CHAPTER 10 - SENTENCING

 

ARTICLE 1 - GENERALLY

 

6-10-101. "Felony" and "misdemeanor" defined.

 

Crimeswhich may be punished by death or by imprisonment for more than one (1) yearare felonies. All other crimes are misdemeanors.

 

6-10-102. Imposition of fine for any felony; maximum fine where not establishedby statute; court automation fee; indigent civil legal services fee.

 

The court may impose a fine as part of thepunishment for any felony. If the statute does not establish a maximum fine,the fine shall be not more than ten thousand dollars ($10,000.00). The courtshall impose a court automation fee of ten dollars ($10.00) in every criminalcase wherein the defendant is found guilty, enters a plea of guilty or nocontest or is placed on probation under W.S. 7-13-301. The fee shall be remittedas provided by W.S. 5-3-205. In addition to the court automation fee the courtshall impose an indigent civil legal services fee of ten dollars ($10.00) inevery criminal case wherein the defendant is found guilty, enters a plea ofguilty or no contest or is placed on probation under W.S. 7-13-301 or35-7-1037. The indigent civil legal services fee shall be remitted as providedin W.S. 5-3-205(a)(ii).

 

6-10-103. Penalties for misdemeanors where not prescribed by statute;court automation fee; indigent civil legal services fee.

 

Unless a different penalty is prescribed bylaw, every crime declared to be a misdemeanor is punishable by imprisonment inthe county jail for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both. The court shall impose a courtautomation fee of ten dollars ($10.00) in every criminal case wherein thedefendant is found guilty, enters a plea of guilty or no contest or is placedon probation under W.S. 7-13-301. The fee shall be remitted as provided by W.S.5-3-205. In addition to the court automation fee the court shall impose anindigent civil legal services fee of ten dollars ($10.00) in every criminalcase wherein the defendant is found guilty, enters a plea of guilty or nocontest or is placed on probation under W.S. 7-13-301. The indigent civillegal services fee shall be remitted as provided in W.S. 5-3-205(a)(ii).

 

6-10-104. Court to fix punishment within prescribed limits.

 

Withinthe limits prescribed by law, and subject to W.S. 7-13-108, the court shalldetermine and fix the punishment for any felony or misdemeanor, whether thepunishment consists of imprisonment, or fine, or both.

 

6-10-105. Commitment for refusal to pay fine or costs; rate per day.

 

Aperson committed to jail for refusing to pay a fine or costs may be imprisoneduntil the imprisonment, at the rate of fifteen dollars ($15.00) per day, equalsthe amount of the fine or costs, or the amount shall be paid or secured to bepaid when he is discharged.

 

6-10-106. Rights lost by conviction of felony; restoration.

 

(a) A person convicted of a felony is incompetent to be anelector or juror or to hold any office of honor, trust or profit within thisstate, unless:

 

(i) His conviction is reversed or annulled;

 

(ii) He receives a pardon;

 

(iii) His rights are restored pursuant to W.S. 7-13-105(a); or

 

(iv) His rights as an elector are restored pursuant to W.S.7-13-105(b) and (c), in which case the person shall remain incompetent to be ajuror or to hold any office of honor, trust or profit within this state.

 

6-10-107. Minimum term of imprisonment.

 

Theminimum term of imprisonment in any state penal institution is not less thanone (1) year.

 

6-10-108. Disposition of fines.

 

Anofficer who collects a fine, unless otherwise required by law, shall pay thefine into the general fund of the county in which the fine was assessed withinthirty (30) days of receipt. The officer shall obtain duplicate treasurer'sreceipts and deposit one (1) with the county clerk.

 

6-10-109. Sentences for felonies.

 

Whereverin this or in any other title of the Wyoming statutes a statute makes referenceto a term of imprisonment or a sentence to the penitentiary, or otherreferences to incarceration in a state penal institution, such references shallinclude the Wyoming state penitentiary, the Wyoming women's center or any otherstate penal institution created by law for the incarceration of convictedfelons. The place of incarceration of a convicted felon shall be determined asprovided by W.S. 7-13-108.

 

6-10-110. Renumbered by Laws 1987, ch. 157, 3.

 

ARTICLE 2 - HABITUAL CRIMINALS

 

6-10-201. "Habitual criminal" defined; penalties.

 

(a) A person is an habitual criminal if:

 

(i) He is convicted of a violent felony; and

 

(ii) He has been convicted of a felony on two (2) or moreprevious charges separately brought and tried which arose out of separateoccurrences in this state or elsewhere.

 

(b) An habitual criminal shall be punished by imprisonment for:

 

(i) Not less than ten (10) years nor more than fifty (50)years, if he has two (2) previous convictions;

 

(ii) Life, if he has three (3) or more previous convictions.

 

6-10-202. Penalties not affected.

 

(a) Nothing in this article shall abrogate or affect:

 

(i) The punishment of death in crimes for which the deathpenalty is imposed;

 

(ii) The punishment of life imprisonment without parole in casesin which that penalty is imposed.

 

6-10-203. Information or indictment; trial; prima facie evidence ofprevious convictions.

 

(a) An information or indictment which charges a person as anhabitual criminal shall set forth the charged felony and allege the previousconvictions.

 

(b) The trial on the charged felony shall proceed as in othercases, but the jury shall not be informed of the previous convictions. If thedefendant is convicted of the charged felony and does not plead guilty to thecharge of the previous convictions, he shall be tried immediately by the samejury or judge on the charge of the previous convictions.

 

(c) In a trial under this article, a duly authenticated copy ofthe record of previous convictions and judgments against the defendant of anycourt of record are prima facie evidence of the previous convictions and may beused in evidence against the defendant.

 

ARTICLE 3 - LIFE SENTENCE WITHOUT PAROLE

 

6-10-301. Life imprisonment without parole.

 

(a) Pursuant to article 3, section 53 of the Wyomingconstitution, a sentence of life imprisonment without parole is created forspecified crimes designated in the Wyoming Criminal Code.

 

(b) A person sentenced to life imprisonment without paroleshall not be eligible for parole and shall remain imprisoned under thejurisdiction of the department of corrections during the remainder of his lifeunless pardoned by the governor.

 

(c) A sentence specifically designated as a sentence of lifeimprisonment without parole is not subject to commutation by the governor. Asentence of life or life imprisonment which is not specifically designated as asentence of life imprisonment without parole is subject to commutation by thegovernor. A person sentenced to life or life imprisonment is not eligible forparole unless the governor has commuted the person's sentence to a term ofyears.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter10

CHAPTER 10 - SENTENCING

 

ARTICLE 1 - GENERALLY

 

6-10-101. "Felony" and "misdemeanor" defined.

 

Crimeswhich may be punished by death or by imprisonment for more than one (1) yearare felonies. All other crimes are misdemeanors.

 

6-10-102. Imposition of fine for any felony; maximum fine where not establishedby statute; court automation fee; indigent civil legal services fee.

 

The court may impose a fine as part of thepunishment for any felony. If the statute does not establish a maximum fine,the fine shall be not more than ten thousand dollars ($10,000.00). The courtshall impose a court automation fee of ten dollars ($10.00) in every criminalcase wherein the defendant is found guilty, enters a plea of guilty or nocontest or is placed on probation under W.S. 7-13-301. The fee shall be remittedas provided by W.S. 5-3-205. In addition to the court automation fee the courtshall impose an indigent civil legal services fee of ten dollars ($10.00) inevery criminal case wherein the defendant is found guilty, enters a plea ofguilty or no contest or is placed on probation under W.S. 7-13-301 or35-7-1037. The indigent civil legal services fee shall be remitted as providedin W.S. 5-3-205(a)(ii).

 

6-10-103. Penalties for misdemeanors where not prescribed by statute;court automation fee; indigent civil legal services fee.

 

Unless a different penalty is prescribed bylaw, every crime declared to be a misdemeanor is punishable by imprisonment inthe county jail for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both. The court shall impose a courtautomation fee of ten dollars ($10.00) in every criminal case wherein thedefendant is found guilty, enters a plea of guilty or no contest or is placedon probation under W.S. 7-13-301. The fee shall be remitted as provided by W.S.5-3-205. In addition to the court automation fee the court shall impose anindigent civil legal services fee of ten dollars ($10.00) in every criminalcase wherein the defendant is found guilty, enters a plea of guilty or nocontest or is placed on probation under W.S. 7-13-301. The indigent civillegal services fee shall be remitted as provided in W.S. 5-3-205(a)(ii).

 

6-10-104. Court to fix punishment within prescribed limits.

 

Withinthe limits prescribed by law, and subject to W.S. 7-13-108, the court shalldetermine and fix the punishment for any felony or misdemeanor, whether thepunishment consists of imprisonment, or fine, or both.

 

6-10-105. Commitment for refusal to pay fine or costs; rate per day.

 

Aperson committed to jail for refusing to pay a fine or costs may be imprisoneduntil the imprisonment, at the rate of fifteen dollars ($15.00) per day, equalsthe amount of the fine or costs, or the amount shall be paid or secured to bepaid when he is discharged.

 

6-10-106. Rights lost by conviction of felony; restoration.

 

(a) A person convicted of a felony is incompetent to be anelector or juror or to hold any office of honor, trust or profit within thisstate, unless:

 

(i) His conviction is reversed or annulled;

 

(ii) He receives a pardon;

 

(iii) His rights are restored pursuant to W.S. 7-13-105(a); or

 

(iv) His rights as an elector are restored pursuant to W.S.7-13-105(b) and (c), in which case the person shall remain incompetent to be ajuror or to hold any office of honor, trust or profit within this state.

 

6-10-107. Minimum term of imprisonment.

 

Theminimum term of imprisonment in any state penal institution is not less thanone (1) year.

 

6-10-108. Disposition of fines.

 

Anofficer who collects a fine, unless otherwise required by law, shall pay thefine into the general fund of the county in which the fine was assessed withinthirty (30) days of receipt. The officer shall obtain duplicate treasurer'sreceipts and deposit one (1) with the county clerk.

 

6-10-109. Sentences for felonies.

 

Whereverin this or in any other title of the Wyoming statutes a statute makes referenceto a term of imprisonment or a sentence to the penitentiary, or otherreferences to incarceration in a state penal institution, such references shallinclude the Wyoming state penitentiary, the Wyoming women's center or any otherstate penal institution created by law for the incarceration of convictedfelons. The place of incarceration of a convicted felon shall be determined asprovided by W.S. 7-13-108.

 

6-10-110. Renumbered by Laws 1987, ch. 157, 3.

 

ARTICLE 2 - HABITUAL CRIMINALS

 

6-10-201. "Habitual criminal" defined; penalties.

 

(a) A person is an habitual criminal if:

 

(i) He is convicted of a violent felony; and

 

(ii) He has been convicted of a felony on two (2) or moreprevious charges separately brought and tried which arose out of separateoccurrences in this state or elsewhere.

 

(b) An habitual criminal shall be punished by imprisonment for:

 

(i) Not less than ten (10) years nor more than fifty (50)years, if he has two (2) previous convictions;

 

(ii) Life, if he has three (3) or more previous convictions.

 

6-10-202. Penalties not affected.

 

(a) Nothing in this article shall abrogate or affect:

 

(i) The punishment of death in crimes for which the deathpenalty is imposed;

 

(ii) The punishment of life imprisonment without parole in casesin which that penalty is imposed.

 

6-10-203. Information or indictment; trial; prima facie evidence ofprevious convictions.

 

(a) An information or indictment which charges a person as anhabitual criminal shall set forth the charged felony and allege the previousconvictions.

 

(b) The trial on the charged felony shall proceed as in othercases, but the jury shall not be informed of the previous convictions. If thedefendant is convicted of the charged felony and does not plead guilty to thecharge of the previous convictions, he shall be tried immediately by the samejury or judge on the charge of the previous convictions.

 

(c) In a trial under this article, a duly authenticated copy ofthe record of previous convictions and judgments against the defendant of anycourt of record are prima facie evidence of the previous convictions and may beused in evidence against the defendant.

 

ARTICLE 3 - LIFE SENTENCE WITHOUT PAROLE

 

6-10-301. Life imprisonment without parole.

 

(a) Pursuant to article 3, section 53 of the Wyomingconstitution, a sentence of life imprisonment without parole is created forspecified crimes designated in the Wyoming Criminal Code.

 

(b) A person sentenced to life imprisonment without paroleshall not be eligible for parole and shall remain imprisoned under thejurisdiction of the department of corrections during the remainder of his lifeunless pardoned by the governor.

 

(c) A sentence specifically designated as a sentence of lifeimprisonment without parole is not subject to commutation by the governor. Asentence of life or life imprisonment which is not specifically designated as asentence of life imprisonment without parole is subject to commutation by thegovernor. A person sentenced to life or life imprisonment is not eligible forparole unless the governor has commuted the person's sentence to a term ofyears.

 

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