Wyo. Stat. § 7-9-108

Compliance with plan as condition of probation or

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suspension; payments to clerk.

     (a) Compliance with the plan of restitution as approved or
modified by the court shall be a condition of the defendant's
probation or suspension.

     (b) Restitution payments by the defendant shall be made
payable to the office of the clerk in a form acceptable to the
clerk.

     (c) Any restitution payment mailed to the last known
address of the victim and returned to the clerk without a
forwarding address shall be held by the clerk for a period of
one (1) year following the date of receipt of the returned
payment. A victim who fails to claim the returned payment or to
provide a forwarding address within the one (1) year period
forfeits his right to the payment and the clerk shall forward
the amount of payment to the victim services division within the
office of the attorney general for deposit in the account
established under W.S. 1-40-114.

Notes of Decisions

Cited in 20 cases, 1998–2018 · leading case: Bush v. State

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Bush v. State (2003) wyo · cites it 4× “7-183-301, in any misdemeanor or felony case, the prosecuting attorney shall present to the court any claim for restitution submitted by any victim.”

Jones v. State (2002) wyo · cites it 3× “§ 7-9-108 (a) was inconsistent with the language of Wyo. Stat. Ann. § 7-9-102 , *1256 which clearly states that a specific finding must be made on the record only if the court finds the defendant does not have the ability to pay.”

Worcester v. State (2001) wyo · cites it 2× “" He as *53 serts this statutory provision in conjunction with Wyo. Stat. Ann. § 7-9-108 (b) (LEXIS 1999) (amended 2000) prohibits the justice of the peace court from ordering restitution in exeess of $3,000-the civil action jurisdictional limit for justice of the peace courts.”

Penner v. State (2003) wyo · cites it 2× “" Wyo. Stat. Ann. § 7-9-108 (a) (LexisNexis 2008).”

Brown v. State (2003) wyo · cites it 3× “Wyo. Stat. Ann. § 7-9-108 (LexisNexis 2001) (emphasis added) provides: (a) As part of the sentencing process including deferred prosecutions under W.”

O'Halloran v. State (2014) wyo · cites it 4× “3d at 397 (quoting Wyo. Stat. Ann. § 7-9-108 (b)). This means that to require restitution for a erime, a court must find that the defendant pled guilty to the crime, was convicted of the crime, admitted to the crime, or agreed to pay restitution for the crime.”

Crapo v. State (2007) wyo · cites it 5× “Wyo. Stat. Ann. § 7-9-101 (a)@). If the pecuniary damages do not arise from a defendant's "criminal activity" as defined by Wyo.”

Morris v. State (2009) wyo · cites it 2× “[T25] A sentencing court has statutory authority to "fix a reasonable amount as restitution owed to each victim for actual pecuniary damage resulting from the defendant's criminal activity.”

Debora McEwan v. The State of Wyoming (2013) wyo · cites it 2× “Wyo. Stat. Ann. § 7-9-108 (b), (d) (LexisNexis 2018).”

Jason Todd Hibsman v. State (2015) wyo · cites it 2× “" Wyo. Stat. Ann. § 7-9-108 (b) (LexisNexis 2011).”

Schuler v. State (2008) wyo · cites it 2× “Wyo. Stat. Ann. § 7-9-108 (LexisNexis 2007) provides in relevant part: (a) As part of the sentencing process .”

Abeyta v. State (2002) wyo “Among other changes to § 7-9-108, the following section was added: (£) The defendant shall be given credit against his restitution obligation for payments made to the victim by the defendant's insurer for injuries arising out of the same facts or event.”

Show all 20 citing cases →

— Wyo. Stat. § 7-9-108(a) — 1 case

Anderson v. State (2018) wyo

— Wyo. Stat. § 7-9-108(b) — 1 case

Alcaraz v. State (2002) wyo

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