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BILLIS v. STATE

Nos. 88-311, 89-4, 88-312, 88-250, 88-304 and 88-310.

800 P.2d 401 (1990)

Jeffrey D. BILLIS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). Vicki MOON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). Wilfred J. VIGIL a/k/a Two Dogs, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). Scott P. McIVER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). Nellie MAGARAHAN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). STATE of Wyoming, Plaintiff, v. Victoria LOWRY, Defendant.

Supreme Court of Wyoming.

Rehearing Denied November 9, 1990.

Attorney(s) appearing for the Case

Public Defender Program: Mike Cornia, Appellate Counsel, Cheyenne, for appellants in Case Nos. 88-250, 88-304, 88-310, 88-311, 89-4 and for defendant in No. 88-312.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Karen A. Byrne, Paul S. Rehurek, Sr. Asst. Attys. Gen., Cheyenne, and Campbell County Prosecutor's Office: John D. Young, County and Pros. Atty., Russell A. Hansen, Chief Deputy, Civ. Div., and Doug Lesley, Deputy County Atty., Gillette, for appellee State of Wyo.

Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.

GOLDEN, Justice.

In these consolidated cases we must answer several constitutional questions concerning W.S. 7-13-301 (June 1987 Repl.) (hereinafter "new 301"). "New 301" is a probation statute that applies to a criminal defendant who has never before been convicted of a felony and is presently charged with, has pleaded guilty to, or has been found guilty of an offense within a certain group of felonies and misdemeanors. Under the statute, if both the defendant and...

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