WYOMING COURT RULES

Wyoming Rules of Criminal Procedure

Rule: 32.1

Jurisdiction: WY

Bluebook Citation: Wyo. R. Crim. P. 32.1

90 appropriate because he failed to object at the time the district court made an offending re- mark regarding probation and there was no plain error, Wyo. R. Crim. P. 32(c)(2)(D). The district court clearly considered probation at sentencing, despite unfortunate remarks ear- lier in the proceedings. Williams v. State. ex rel. Wyo. Workers’ Safety & Comp. Div. (In re Worker’s Compensation Claim), 2009 WY 57, 205 P.3d 1024, 2009 Wyo. LEXIS 57 (Wyo. 2009). It is error for sentencing judge to fail to consider probation except for crimes pun- ishable by death or life imprisonment. Jones v. State, 602 P.2d 378, 1979 Wyo. LEXIS 482 (Wyo. 1979). Defendant’s probation began once sen- tence was pronounced in open court in his presence, not several weeks later when the judgment and sentence were actually filed, and he was therefore accountable for probation vio- lations which occurred during the interim pe- riod. Chapman v. State, 728 P.2d 631, 1986 Wyo. LEXIS 662 (Wyo. 1986). Probation denial based on alcoholism. — A judge soundly exercises his discretion when he concludes that a defendant — because of an uncured drinking problem — is in danger of further injuring the public if released and denies probation. Jones v. State, 602 P.2d 378, 1979 Wyo. LEXIS 482 (Wyo. 1979). Not abuse of discretion to refuse plea withdrawal. — District court did not err in denying Wyo. R. Crim. P. 32(d) motion to with- draw appellant’s guilty plea because appellant failed to explain his lengthy delay in filing the motion and appellant did not rebut the finding that he had close assistance of counsel when he entered his plea. Keller v. State, 2024 WY 71, 551 P.3d 450, 2024 Wyo. LEXIS 73 (Wyo. 2024).

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