Rule 46.2 – Post conviction release or detention

May 14, 2021 | Criminal Procedure, Wyoming

(a) Pending sentence.

The court shall order that a defendant who has been found guilty of an offense and who is waiting imposition or execution of sentence be detained, unless the court finds that the defendant is not likely to flee or pose a danger to the safety of any other person or the community if released under Rule 46.1(b) or (c). If the court makes such a finding, such court shall order the release of the defendant in accordance with Rule 46.1(b) or (c).

(b) Pending appeal by defendant.

The court shall order that a defendant who has been found guilty of an offense who is waiting and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the court finds that the defendant is not likely to flee or pose a danger to the safety of any other person or the community if released under Rule 46.1(b) or (c). If the court makes such findings, such judicial officer shall order the release of the defendant in accordance with Rule 46.1(b) or (c).

Wyo. R. Prac. & P. 46.2

amended October 30, 1992; effective January 19, 1993