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Barnes v. State1/8/1998
robationary term in excess of five years and in imposing consecutive sentences of probation. Were the circumstances otherwise, we might find a good deal of difficulty in sustaining the district court. WYO. STAT. § 7-13-301 does not readily adapt to its application in a multi-count case. The legislative intent seems clear to the effect it can only be used once. The intent of the court to apply the statute seriatim to the four counts of this information is apparent. While Dickson is not in a good situation to complain about the invocation of the provision in this way because he agreed to it and because, had the arrangement worked out, he would have ultimately received substantial benefits, other cases might assume a different posture. We strongly recommend to our trial courts and to the prosecutors that WYO. STAT. § 7-13-301 not be invoked in any instance in which more than one charge is being resolved.
Dickson, 903 P.2d at 1025. In Dickson, the statute resolved four counts and resulted in consecutive probation of three years on each count. The statute permits no more than five years of probation. WYO. STAT. § 7-13-301(a), (b) (1997). This Court ruled that the trial court could properly sentence Dickson because sentencing was initiated during the first probationary period. Dickson, 903 P.2d at 1025. In this case, Barnes does not challenge his sentence, but, instead claims the proper remedy for invoking the statute to his benefit on more than one count is withdrawal of his guilty plea. In his case, however, a probation term of five years was imposed, and the risk that the court would revoke his probation beyond the time allowed by statute is not presented. Under these particular circumstances, no error or prejudice occurred in invoking the statute to Barnes' benefit.
The order of the district court denying the motion to withdraw Barnes' guilty pleas is affirmed.
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