Wyoming Statutes

Wyo. Stat. § 7-13-305 (2026)

Determination, continuance or extension;

✓ current as of May 2026
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revocation proceedings.

     (a) The period of probation or suspension of sentence
under W.S. 7-13-302 shall be determined by the court and may be
reduced, continued or extended. Any term of probation including
any continuations or extensions shall not exceed the maximum
term of probation authorized under W.S. 7 13 302(b), except that
the judge may impose a term of probation that is not greater
than the maximum term of imprisonment authorized by law for the
offense for good cause shown upon the record and after
considering public safety, rehabilitation, deterrence and any
other goals of sentencing. In determining the period of
probation or a modification of an existing probation, the court
may consider, but is not limited to the following factors:

           (i)    Whether the defendant has stable employment;

           (ii)    Whether the defendant has positive community
support;

           (iii)    Whether the defendant has positive familial
support;

          (iv) Whether the defendant has reasonably attended to
spousal or parental responsibilities and whether the terms of
probation assist or hinder the defendant in discharging those
responsibilities;

          (v) Whether the defendant has made progress in
affirmatively addressing any alcohol or substance abuse issues.
For the purposes of this paragraph, relapse alone does not
prevent the court from determining the defendant has made
progress in addressing his alcohol or substance use issues;

           (vi)    The nature and seriousness of the underlying
crime;

           (vii)    The risk posed by the defendant to the
community;

          (viii) The risk of reoffense as determined by a
validated risk assessment tool utilized by the department of
corrections.

     (b) Upon the satisfactory fulfillment of the conditions of
suspension of sentence or probation under W.S. 7-13-302 the
court shall enter an order discharging the defendant.

     (c) For a violation of a condition of probation occurring
during the probationary period, revocation proceedings may be
commenced at any time during the period of suspension of
sentence or probation under W.S. 7-13-302, or within thirty (30)
days thereafter, in which case the court may issue a warrant and
cause the defendant to be arrested. If after hearing the court
determines that the defendant violated any of the terms of
probation or suspension of sentence, the court may proceed to
deal with the case as if no suspension of sentence or probation
had been ordered.

     (d) The time for commencing revocation proceedings shall
be automatically extended for any period of time in which the
probationer is incarcerated outside this state during the
probationary period for the conviction of an offense which is a
violation of the conditions of probation, unless the probationer
has made a valid request for final disposition under the
interstate agreement on detainers, W.S. 7-15-101 through
7-15-105.
Notes of Decisions
Cited in 11 cases, 1988–2019 · leading case: Michael Angelo Sena, Jr. v. The State of Wyoming, 2019 WY 111 (Wyo. 2019).
Michael Angelo Sena, Jr. v. The State of Wyoming, 2019 WY 111 (Wyo. 2019). · cites it 22× “Wyo. Stat. Ann. § 7-13-305 (c) (LexisNexis 2019).”
Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). · cites it 26× “§ 7-13-302 probation violations are handled pursuant to a Wyo.Stat. § 7-13-305 judicial proceeding.”
Leyba v. State, 882 P.2d 863 (Wyo. 1994). · cites it 4× “See also Wyo.Stat. § 7-13-305(c) (1987). 1 Conclusion The district court did not err when it revoked Appellant’s probation and reinstated his original sentence.”
Jibben v. State, 901 P.2d 1099 (Wyo. 1995). · cites it 16× “7-13-302 shall be determined by the court and may be continued or extended.”
Cooney v. Park Cnty., 792 P.2d 1287 (Wyo. 1990). · cites it 2× “Among the many safeguards which our law affords the probationer in that circumstance are rights to written notice of the nature and content of the allegations, a probable-cause hearing before a judge, an opportunity to consult with any persons whose assistance he reasonably…”
Cooney v. White, 845 P.2d 353 (Wyo. 1992). · cites it 4× “This case fits within Wyo.Stat. § 7-13-305 (1987), which provides: (a) The period of probation or suspension of sentence under W.”
DeMillard v. State, 2014 WY 105 (Wyo. 2014). · cites it 2× “DeMil-lard's claims are barred by the doctrine of res judicata, and second, that the probation revocation was proper because it fell within the time parameters of Wyo. Stat. Ann. § 7-13-305 (c) (LexisNexis 2018).”
Schepp v. Fremont Cnty., 900 F.2d 1448 (10th Cir. 1990). · cites it 2× “See Wyo.Stat. § 7-13-305. Many states provide that revocation proceedings may commence within a reasonable time after the probation period terminates.”
Davila v. State, 815 P.2d 848 (Wyo. 1991). · cites it 2× “Section 7-13-305(c), W.S.1977 (June 1987 Repl.”
Schepp v. Fremont Cnty., Wyo., 685 F. Supp. 1200 (D. Wyo. 1988). · cites it 2× “(d)The time for commencing revocation proceedings shall be automatically extended for any period of time in which the probationer is *1204 incarcerated outside this state during the probationary period for the conviction of an offense which is a violation of the conditions of…”
Jones v. State, 811 P.2d 284 (Wyo. 1991). “), could be imposed pursuant to W.S. 7-13-305(c) (1987 Repl.). Also see, 3 W.”
— Wyo. Stat. § 7-13-305(c) — 7 cases
Michael Angelo Sena, Jr. v. The State of Wyoming, 2019 WY 111 (Wyo. 2019). “Wyo. Stat. Ann. § 7-13-305 (c) (LexisNexis 2019).”
Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). “§ 7-13-302 probation violations are handled pursuant to a Wyo.Stat. § 7-13-305 judicial proceeding.”
Leyba v. State, 882 P.2d 863 (Wyo. 1994). “See also Wyo.Stat. § 7-13-305(c) (1987). 1 Conclusion The district court did not err when it revoked Appellant’s probation and reinstated his original sentence.”
Davila v. State, 815 P.2d 848 (Wyo. 1991). “Section 7-13-305(c), W.S.1977 (June 1987 Repl.”
Jibben v. State, 901 P.2d 1099 (Wyo. 1995). “7-13-302 shall be determined by the court and may be continued or extended.”
— Wyo. Stat. § 7-13-305(d) — 1 case
Jibben v. State, 901 P.2d 1099 (Wyo. 1995). “7-13-302 shall be determined by the court and may be continued or extended.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.