2011 Wyoming Statutes
TITLE 7 - CRIMINAL PROCEDURE
CHAPTER 12 - APPEAL, EXCEPTIONS AND NEW TRIAL
7-12-312. Rights not waived; refiling of uncharged offenses.
(a) Notwithstanding any other provision of law, the right to file a motion under W.S. 7-12-303(c) shall not be waived. The prohibition against waiver of the right provided under this section applies to, but is not limited to, a waiver that is given as part of an agreement resulting in a plea of guilty or nolo contendere.
(b) If a movant is granted a new trial under this act, any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside as a result of this act may be refiled by the state.
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