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Rule 32 – Judgment and sentence

May 14, 2021 | Criminal Procedure, Wyoming

(a) Presentence investigation. –

(1) When Made. – In every felony case the Department of Probation and Parole shall conduct a presentence investigation and submit a report to the court. The court may order an investigation and report in misdemeanor cases. In felony cases the investigation and report may not be waived but, with the parties’ consent, the court may permit the report to be filed after sentencing. Otherwise, it shall be considered by the court before the imposition of sentence or the granting of probation. Except with the written consent of the defendant, the report shall not be submitted to the court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty.
(2) Report. – The report of the presentence investigation shall contain:

(A) Information about the history and characteristics of the defendant, including prior criminal record, if any, financial condition, and any circumstances affecting the defendant’s behavior that may be helpful in imposing sentence or in the correctional treatment of the defendant;
(B) Verified information stated in a nonargumentative style containing an assessment of the financial, social, psychological, and medical impact upon, and cost to, any individual against whom the offense has been committed and attaching a victim impact statement as provided in W.S. 7-21-103 if the victim chooses to make one in writing. In any event the report shall state that the victim was advised of the right to make such a statement orally at the defendant’s sentencing or in writing. If the victim could not be contacted, the report shall describe the efforts made to contact the victim;
(C) Unless the court orders otherwise, information concerning the nature and extent of non-prison programs and resources available for the defendant; and
(D) Such other information as may be required by the court.
(3) Disclosure.

(A) At least 10 days before imposing sentence, unless this minimum period is waived by the defendant, the court shall provide the defendant and the defendant’s counsel with a copy of the report of the presentence investigation, including the information required by subdivision (a)(2). The court shall afford the defendant and the defendant’s counsel an opportunity to comment on the report and, in the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy contained in it.
(C) If the comments of the defendant and the defendant’s counsel or testimony or other information introduced by them allege any factual inaccuracy in the presentence investigation report or the summary of the report or part thereof, the court shall, as to each matter controverted, make:

(i) A finding as to the allegation; or
(ii) A determination that no such finding is necessary because the matter controverted will not be taken into account in sentencing. A written record of such findings and determinations shall be appended to and accompany any copy of the presentence investigation report thereafter made available to penal institutions.
(b) Judgement. –

(1) Except for forfeit offenses for which citations have issued (Rule 3.1 ), other misdemeanors where the penalty imposed does not exceed a fine of $200.00, and pleas entered under Rule 43(c)(2), judgment of conviction upon a plea of guilty or nolo contendere shall include:

(A) The plea, including the name and statute number of each offense to which the defendant pleaded and whether such offense was a felony or a misdemeanor;
(B) Findings that:

(i) The defendant was competent to enter a plea;
(ii) The defendant was represented by competent counsel with whom the defendant was satisfied including the name of the attorney (or that the defendant knowingly waived such right);
(iii) The defendant was advised as required by Rule 11 and understood those advisements; and
(iv) The plea was voluntary, and not the result of force or threats or of promises apart from a plea agreement;
(C) A statement as to whether the plea was the product of a plea agreement and, if so, that the plea agreement was fully disclosed and accepted by the court as required by Rule 11(d);
(D) An adjudication as to each offense; and
(E) Any other advisements required by law or that the court deems appropriate.
(2) Except for forfeit offenses for which citations have issued, other misdemeanors where the penalty imposed does not exceed a fine of $200.00, and pleas entered under Rule 43(c)(2), a judgment of conviction after a trial shall include:

(A) The plea and the verdict for each offense for which the defendant was tried;
(B) A statement as to whether the defendant testified and whether or not the defendant was advised by the court with respect to the defendant’s right to testify or not to testify;
(C) An adjudication as to each offense including the name and statute number for each convicted offense and whether such offense is a felony or a misdemeanor; and
(D) The name of the defendant’s attorney or a statement that the defendant appeared pro se.
(3) If the defendant is found not guilty or for any reason is entitled to be discharged, judgment shall be entered accordingly.
(4) The judgment shall be promptly signed by the judge and entered by the clerk.
(c) Sentence. –

(1) Imposition. – Sentence shall be imposed without unnecessary delay, but the court may, when there is a factor important to the sentencing determination that is not then capable of being resolved, postpone the imposition of sentence for a reasonable time until the factor is capable of being resolved. Prior to the sentencing hearing, the court shall provide the counsel for the defendant and the attorney for the state with a copy of the probation officer’s report. Pending sentence, the court may continue or alter the defendant’s bail or may confine the defendant. At the sentencing hearing, the court shall afford the counsel for the defendant and the attorney for the state an opportunity to comment upon the probation officer’s report and on other matters relating to the appropriate sentence. Before imposing sentence, the court shall also:

(A) Determine that the defendant and defendant’s counsel have had the opportunity to read and discuss the presentence investigation report made available pursuant to subdivision (a)(3)(A);
(B) Afford counsel for the defendant an opportunity to speak on behalf of the defendant; and
(C) Address the defendant personally and determine if the defendant wishes to make a statement and to present any information in mitigation of the sentence.

The attorney for the state shall have an equivalent opportunity to speak to the court. Upon a motion that is jointly filed by the defendant and by the attorney for the state, the court may hear in camera such a statement by the defendant, counsel for the defendant, or the attorney for the state.

(2) Contents. – A written sentence shall be signed by the judge and entered by the clerk of court without delay. The sentence may be included in the judgment or separately entered. Except for forfeit offenses for which citations have issued, other misdemeanors where the penalty imposed does not exceed a fine of $200.00, and pleas entered under Rule 43(c)(2), as a minimum the sentence shall:

(A) State each offense for which sentence is imposed, including the statute number and whether the offense is a felony or a misdemeanor;
(B) State the sentence imposed for each convicted offense including for felonies the minimum and maximum term and state whether multiple sentences are to run concurrently or consecutively;
(C)
(D) If probation is not granted, state whether probation was considered by the court;
(E) Include a finding of all time served by the defendant in presentence confinement for any sentenced offense;
(F) State the extent to which credit for presentence confinement is to be given for each sentenced offense;
(G) Include an assessment for the victims of crime compensation fund as required by W.S. 1-40-119; and
(H) Include a finding as to whether the defendant is able to make restitution and if restitution is ordered fix the reasonable amount owed to each victim resulting from the defendant’s criminal acts.
(3) Advisement of Right to Appeal. – At the time of sentencing, regardless of the defendant’s plea or trial, the court shall advise the defendant of the right to appeal the sentence or conviction. This advisement includes:

(A) The defendant’s right to appeal, including the time limits for filing a notice of appeal; and
(B) The right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis and to have appointed counsel represent the defendant on appeal.

There shall be no duty on the court to advise the defendant of any right of appeal after sentence is imposed following a plea of guilty or nolo contendere.

(4) Notice of Appeal. – If the defendant so requests, the clerk of the court shall prepare and serve forthwith a notice of appeal in accordance with the Wyoming Rules of Appellate Procedure on behalf of the defendant.
(d) Plea withdrawal. –

If a motion for withdrawal of a plea of guilty or nolo contendere is made before sentence is imposed, the court may permit withdrawal of the plea upon a showing by the defendant of any fair and just reason. At any later time, a plea may be set aside only to correct manifest injustice.

(e) Probation. –

After conviction of an offense not punishable by death or by life imprisonment, the defendant may be placed on probation if permitted by law.

Wyo. R. Prac. & P. 32

Amended July 22, 1993, effective October 19, 1993; amended June 17, 2014, effective September 1, 2014.