Sena v. State
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The Supreme Court affirmed the order of the district court revoking Defendant's probation and imposing sentence, holding that the district court had authority to revoke Defendant's probation and did not abuse its discretion when it revoked Defendant's probation.
On appeal, Defendant argued that the district court lacked the authority to revoke his probation because the probation violation did not occur during the probationary period, as required by Wyo. Stat. 7-13-305(c) and, even if the court had the authority, it abused its discretion because there was no evidence supporting a finding that Defendant violated the probation condition willfully. The Supreme Court affirmed, holding (1) the phrase "probation period" encompasses the time during which a sentence is suspended and the time during which probation is being served; and (2) the district court could reasonably infer from the facts that Defendant willfully violated the term of his probation.
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