Wyo. Stat. » Wyo. Stat. / Title 06 - Crimes and Offenses / Chapter 10 - SENTENCING / Article 2 - HABITUAL CRIMINALS
Wyoming Statutes

Wyo. Stat. § 6-10-201 (2026)

"Habitual criminal" defined; penalties.

✓ current as of May 2026
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(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 for offenses committed after the person reached the
age of eighteen (18) years of age.
Notes of Decisions
Cited in 76 cases (7 in the last 5 years), 1983–2026 · leading case: Small v. State, 689 P.2d 420 (Wyo. 1984).
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Small v. State, 689 P.2d 420 (Wyo. 1984). · cites it 13× “Wyoming Statute § 6-10-201 (1983 Cum.Supp.) et seq. violates procedural due process at sentencing.”
Black v. State, 405 P.3d 1045 (Wyo. 2017). · cites it 6× “a “Notice of Enhanced Penalties” and alleged that Appellant was a habitual criminal under Wyo. Stat. Ann. § 6-10-201 (a)(ii) with three prior felony convictions.”
Smith v. State, 2009 WY 2 (Wyo. 2009). · cites it 6× “§ 6-10-201 (Lexis-Nexis 2007) requires enhancement of a sentence if the defendant is a habitual criminal: (a) A person is an habitual criminal if: G) He is convicted of a violent felony; and (ii) He has been convicted of a felony on two (2) or more previous charges separately…”
Daniel v. State, 2003 WY 132 (Wyo. 2003). · cites it 7× “The State also sought habitual criminal status under Wyo. Stat. Ann. § 6-10-201 based upon Daniel's prior felony convictions.”
Bloomer v. State, 2010 WY 88 (Wyo. 2010). · cites it 9× “Wyo. Stat. Ann. § 6-10-201 (LexisNexis 2009) requires enhancement of a sentence if the defendant is a habitual criminal: (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…”
Brown v. State, 2004 WY 119 (Wyo. 2004). · cites it 7× “Wyo. Stat. Ann. § 6-10-201 (LexisNexis 2001).”
Christopher Ray Counts, 2014 WY 151 (Wyo. 2014). · cites it 10× “The jury also found him to be a habitual criminal pursuant to Wyo. Stat. Ann. § 6-10-201 (LexisNexis 2009) based upon evidence that he had three prior felony convictions.”
Thomas v. State, 2006 WY 34 (Wyo. 2006). · cites it 4× “§ 6 — 2—502(a)(i) (LexisNexis 2005) and found him to be an habitual criminal under Wyo. Stat. Ann. § 6-10-201 (a)(i) and (ii) (LexisNexis 2005).”
Thompson v. State, 408 P.3d 756 (Wyo. 2018). · cites it 3× “§ 6-10-201 (Lexis-Nexis 2017) provides enhanced penalties for habitual criminals: Section 6-10-201(a) states: (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…”
Urbigkit v. State, 2003 WY 57 (Wyo. 2003). · cites it 4× “Urbigkit claims the habitual criminal statute, Wyo. Stat. Ann. § 6-10-201 (LexisNexis 2001), provides for punishment by imprisonment for "life," not life for each conviction.”
Oakley v. State, 715 P.2d 1374 (Wyo. 1986). · cites it 6× “John Oakley, now convicted of his third felony (the last being aggravated robbery), was sentenced pursuant to Wyoming’s habitual-criminal statute, § 6-10-201, W.S. 1977 (1983 Replacement), to a confinement of ten to 20 years.”
Keene v. State, 812 P.2d 147 (Wyo. 1991). · cites it 7× “William Dean Keene appeals from his conviction on two counts of kidnapping and one count of aggravated robbery, and the enhancement of his sentence on the finding that he is a habitual criminal under W.S. 6-10-201 (June 1988 Repl.). We affirm the aggravated robbery conviction…”
Show all 76 citing cases →
— Wyo. Stat. § 6-10-201(a) — 11 cases
Thompson v. State, 408 P.3d 756 (Wyo. 2018). “§ 6-10-201 (Lexis-Nexis 2017) provides enhanced penalties for habitual criminals: Section 6-10-201(a) states: (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…”
Bloomer v. State, 2010 WY 88 (Wyo. 2010). “Wyo. Stat. Ann. § 6-10-201 (LexisNexis 2009) requires enhancement of a sentence if the defendant is a habitual criminal: (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…”
Gunderson v. State, 925 P.2d 1300 (Wyo. 1996).
Simonds v. State, 762 P.2d 1189 (Wyo. 1988).
Marquess v. State, 2011 WY 95 (Wyo. 2011).
— Wyo. Stat. § 6-10-201(a)(i) — 3 cases
Small v. State, 689 P.2d 420 (Wyo. 1984). “Wyoming Statute § 6-10-201 (1983 Cum.Supp.) et seq. violates procedural due process at sentencing.”
Tuggle v. State, 733 P.2d 610 (Wyo. 1987).
Rich v. State, 899 P.2d 1345 (Wyo. 1995).
— Wyo. Stat. § 6-10-201(a)(ii) — 2 cases
Green v. State, 784 P.2d 1360 (Wyo. 1989).
State v. Williams, 663 A.2d 1378 (N.J. Super. Ct. App. Div. 1995).
— Wyo. Stat. § 6-10-201(b) — 1 case
James Edward Rogers, 2015 WY 48 (Wyo. 2015).
— Wyo. Stat. § 6-10-201(b)(i) — 7 cases
Bloomer v. State, 2010 WY 88 (Wyo. 2010). “Wyo. Stat. Ann. § 6-10-201 (LexisNexis 2009) requires enhancement of a sentence if the defendant is a habitual criminal: (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…”
Jones v. State, 771 P.2d 368 (Wyo. 1989).
Daniel v. State, 2003 WY 132 (Wyo. 2003). “The State also sought habitual criminal status under Wyo. Stat. Ann. § 6-10-201 based upon Daniel's prior felony convictions.”
Christopher Ray Counts, 2014 WY 151 (Wyo. 2014). “The jury also found him to be a habitual criminal pursuant to Wyo. Stat. Ann. § 6-10-201 (LexisNexis 2009) based upon evidence that he had three prior felony convictions.”
Zebadiah William Harris, 2015 WY 50 (Wyo. 2015).
— Wyo. Stat. § 6-10-201(b)(ii) — 5 cases
Amin v. State, 811 P.2d 255 (Wyo. 1991).
Bird v. State, 901 P.2d 1123 (Wyo. 1995).
Rands v. State, 818 P.2d 44 (Wyo. 1991).
Rich v. State, 899 P.2d 1345 (Wyo. 1995).
Jerald Thomas Fallon v. The State of Wyoming, 2022 WY 110 (Wyo. 2022).
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