Wyoming Statutes

Wyo. Stat. § 7-13-301 (2026)

Placing person found guilty, but not convicted,

✓ current as of May 2026

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on probation.

     (a) If a person who has not previously been convicted of
any felony is charged with or is found guilty of or pleads
guilty or no contest to any misdemeanor except any second or
subsequent violation of W.S. 31-5-233 or any similar provision
of law, or any second or subsequent violation of W.S. 6-2-510(a)
or 6-2-511(a) or any similar provision of law, or any felony
except murder, sexual assault in the first or second degree,
grooming of a minor for a sexual offense, aggravated assault and
battery or arson in the first or second degree, the court may,
with the consent of the defendant and the state and without
entering a judgment of guilt or conviction, defer further
proceedings and place the person on probation for a term not to
exceed thirty-six (36) months upon terms and conditions set by
the court. The terms of probation shall include that he:

          (i) Report to the court not less than twice in each
year at times and places fixed in the order;

          (ii)    Conduct himself in a law-abiding manner;

          (iii)    Not leave the state without the consent of the
court;

          (iv) Conform his conduct to any other terms of
probation the court finds proper; and

          (v) Pay restitution to each victim in accordance with
W.S. 7-9-101 and 7-9-103 through 7-9-115.

     (b) If the court finds the person has fulfilled the terms
of probation and that his rehabilitation has been attained to
the satisfaction of the court, the court may at the end of
thirty-six (36) months, or at any time after the expiration of
one (1) year from the date of the original probation, discharge
the person and dismiss the proceedings against him.

     (c) If the defendant violates a term or condition of
probation at any time before final discharge, the court may:

          (i) Enter an adjudication of guilt and conviction and
proceed to impose sentence upon the defendant if he previously
pled guilty to or was found guilty of the original charge for
which probation was granted under this section; or

          (ii) Order that the trial of the original charge
proceed if the defendant has not previously pled or been found
guilty.

     (d) Discharge and dismissal under this section shall be
without adjudication of guilt and is not a conviction for any
purpose.

     (e) There shall be only one (1) discharge and dismissal
under this section or under any similar section of the
probationary statutes of any other jurisdiction.

     (f) This section shall not apply to any person holding any
class of commercial driver's license pursuant to W.S.
31-7-304(a)(i), nor to the driver of any commercial motor
vehicle as defined by W.S. 31-7-102(a)(viii), who is charged
with any offense specified in W.S. 31-7-305.

Notes of Decisions

Cited in 107 cases (16 in the last 5 years), 1978–2026 · leading case: Billis v. State, 800 P.2d 401 (Wyo. 1990).

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Billis v. State, 800 P.2d 401 (Wyo. 1990). · cites it 97× “I am informed that at least one city council has instructed its prosecutor not to give his consent to allowing the first offender status, now permitted by Wyo. Stat. § 7-13-301 (1977), for an accused if he is charged with driving while under the influence of alcohol.”

Frederick v. State, 2007 WY 27 (Wyo. 2007). · cites it 22× “The court then referred Frederick to the Department of Probation and Parole for an interview for the Presentence Investigation Report (PSR).”

Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). · cites it 40× “Wyo.Stat. § 7-13-301 (1987) [7] a non-convicted probationary assessment.”

Kahlsdorf v. State, 823 P.2d 1184 (Wyo. 1991). · cites it 27× “Second, the trial court did not state under *1187 which statute, W.S. 7-13-301 or 7-13-203, it was "suspending and delaying" the judgement and sentence of the court and imposing probation.”

King v. State, 720 P.2d 465 (Wyo. 1986). · cites it 21× “§ 7-13-203 because that statute had been superseded by § 7-13-301, W.S.1977, and that, therefore, appellant was sentenced under § 7-13-301 which allows the court to extend appellant’s probation up to the maximum sentence provided for the crime to which appellant pled guilty —…”

Dickson v. State, 903 P.2d 1019 (Wyo. 1995). · cites it 26× “The other primary issue we address, because the dispositive issue is correctable, is whether, in invoking Wyo.Stat. § 7-13-301 (1987) in a criminal case, the trial court could require restitution as a condition of probation.”

Peterson v. State, 586 P.2d 144 (Wyo. 1978). · cites it 9× “SENTENCING In concluding, we deal with defendant’s final assertion: that contrary to the opposite conclusion which he ultimately reached, the trial judge did have the authority under the provisions of § 7-13-301, W.S.1977 13 to impose a sentence upon defendant other than the…”

Alex Jordan Vaughn v. State, 2017 WY 29 (Wyo. 2017). · cites it 5× “§ 7-19-301(a)(iii) of the WSORA violate Appellant’s right to equal protection under the Wyoming Constitution because qualifying adjudicated delinquents must register, while adults (or juveniles charged as adults) whose prosecutions are deferred pursuant to Wyo. Stat. Ann. §…”

Barnes v. State, 951 P.2d 386 (Wyo. 1998). · cites it 22× “Appellant Russell Barnes received supervised, conditional probation and a deferred judgment and sentencing under Wyo. Stat. § 7-13-301 for two counts of aggravated assault.”

Rawson v. State, 900 P.2d 1136 (Wyo. 1995). · cites it 29× “The questions we must resolve relate to the application of Wyo.Stat. § 7-13-301 (Supp.1994). The initial issue is whether this statute can be applied in an instance in which the accused has been prosecuted in another jurisdiction and afforded the benefit of a similar statute or…”

Schuler v. State, 668 P.2d 1333 (Wyo. 1983). · cites it 10× “Section 7-13-301, W.S.1977, 6 specifically excludes from the trial court’s discretion crimes for which a life sentence is mandatory.”

Munson v. State, 770 P.2d 1093 (Wyo. 1989). · cites it 8× “[2] We would then turn to the second issue raised by appellant as the unconstitutionality of the prosecutor veto provision found in the sentencing statute, W.S. 7-13-301. The available record is again singularly uncommunicative.”

Show all 107 citing cases →

— Wyo. Stat. § 7-13-301(a) — 5 cases

Michael Angelo Sena, Jr. v. The State of Wyoming, 2019 WY 111 (Wyo. 2019).

Eustice v. State, 871 P.2d 682 (Wyo. 1994).

Barnes v. State, 951 P.2d 386 (Wyo. 1998). “Appellant Russell Barnes received supervised, conditional probation and a deferred judgment and sentencing under Wyo. Stat. § 7-13-301 for two counts of aggravated assault.”

Aaron R. Maki v. The State of Wyoming, 2026 WY 32 (Wyo. 2026).

King v. State ex rel. Wyoming Dep't of Transp., 161 P.3d 1086 (Wyo. 2007).

— Wyo. Stat. § 7-13-301(a)(iv) — 2 cases

Meerscheidt v. State, 931 P.2d 220 (Wyo. 1997).

Dickson v. State, 903 P.2d 1019 (Wyo. 1995). “The other primary issue we address, because the dispositive issue is correctable, is whether, in invoking Wyo.Stat. § 7-13-301 (1987) in a criminal case, the trial court could require restitution as a condition of probation.”

— Wyo. Stat. § 7-13-301(c) — 3 cases

Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). “Wyo.Stat. § 7-13-301 (1987) [7] a non-convicted probationary assessment.”

Aaron R. Maki v. The State of Wyoming, 2026 WY 32 (Wyo. 2026).

— Wyo. Stat. § 7-13-301(c)(i) — 3 cases

Billis v. State, 800 P.2d 401 (Wyo. 1990). “I am informed that at least one city council has instructed its prosecutor not to give his consent to allowing the first offender status, now permitted by Wyo. Stat. § 7-13-301 (1977), for an accused if he is charged with driving while under the influence of alcohol.”

Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). “Wyo.Stat. § 7-13-301 (1987) [7] a non-convicted probationary assessment.”

— Wyo. Stat. § 7-13-301(c)(ii) — 1 case

— Wyo. Stat. § 7-13-301(d) — 3 cases

McCarty v. State, 883 P.2d 367 (Wyo. 1994).

Reay v. State, 800 P.2d 499 (Wyo. 1990).

— Wyo. Stat. § 7-13-301(e) — 1 case

Aaron R. Maki v. The State of Wyoming, 2026 WY 32 (Wyo. 2026).

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