2010 Wyoming Statutes
Title 6 - Crimes And Offenses
Chapter 10 - Sentencing

CHAPTER 10 - SENTENCING

 

ARTICLE 1 - GENERALLY

 

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

 

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

 

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

 

The court may impose a fine as part of the punishment 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 court shall impose a court automation fee of ten dollars ($10.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on 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 an indigent civil legal services fee of ten dollars ($10.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7-13-301 or 35-7-1037. The indigent civil legal services fee shall be remitted as provided in 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 by law, every crime declared to be a misdemeanor is punishable by imprisonment in the county jail for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. The court shall impose a court automation fee of ten dollars ($10.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on 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 an indigent civil legal services fee of ten dollars ($10.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7-13-301. The indigent civil legal 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.

 

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

 

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

 

A person committed to jail for refusing to pay a fine or costs may be imprisoned until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid 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 an elector or juror or to hold any office of honor, trust or profit within this state, 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 a juror or to hold any office of honor, trust or profit within this state.

 

6-10-107. Minimum term of imprisonment.

 

The minimum term of imprisonment in any state penal institution is not less than one (1) year.

 

6-10-108. Disposition of fines.

 

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

 

6-10-109. Sentences for felonies.

 

Wherever in this or in any other title of the Wyoming statutes a statute makes reference to a term of imprisonment or a sentence to the penitentiary, or other references to incarceration in a state penal institution, such references shall include the Wyoming state penitentiary, the Wyoming women's center or any other state penal institution created by law for the incarceration of convicted felons. The place of incarceration of a convicted felon shall be determined as provided 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 more previous charges separately brought and tried which arose out of separate occurrences 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 death penalty is imposed;

 

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

 

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

 

(a) An information or indictment which charges a person as an habitual criminal shall set forth the charged felony and allege the previous convictions.

 

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

 

(c) In a trial under this article, a duly authenticated copy of the record of previous convictions and judgments against the defendant of any court of record are prima facie evidence of the previous convictions and may be used 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 Wyoming constitution, a sentence of life imprisonment without parole is created for specified crimes designated in the Wyoming Criminal Code.

 

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

 

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