State Plea Agreement - Wyoming

STATE OF WYOMING PLEA AGREEMENT

Court: DISTRICT COURT, [____] JUDICIAL DISTRICT, [COUNTY] COUNTY, WYOMING
Case No.: [CASE NUMBER]
Defendant: [DEFENDANT FULL LEGAL NAME]

This template must be conformed to the Court's current plea practice, the offense-specific sentencing statutes, and the precise Rule 11 agreement type.

1. Charges and Plea

Defendant agrees to plead [GUILTY / NOLO CONTENDERE] to:

A nolo-contendere plea requires Court consent. This plea is:

• ☐ unconditional; or
• ☐ conditional under Rule 11(a)(2), with State consent and Court approval, reserving review of this specified adverse pretrial ruling: [________________________________].

2. Rule 11(e)(1) Agreement Type

Select every applicable term:

• ☐ (A) Charge disposition: the State will not prosecute or will move to dismiss these charges: [________________________________].
• ☐ (B) Nonbinding recommendation: the State will recommend, or not oppose, this request: [________________________________].
• ☐ (C) Specific sentence: the parties agree that this specific sentence is the appropriate disposition: [________________________________].

The Court does not participate in plea negotiations. The complete agreement must be disclosed on the record when the plea is offered.

3. Sentencing Terms

Wyoming does not use the criminal pattern jury instructions as a sentencing guideline. Counsel must identify the actual offense statutes and any other statutes governing the proposed disposition.

4. Court Action and Withdrawal Consequences

For an (A) or (C) agreement, the Court may accept, reject, or defer its decision. If the Court rejects the agreement, Rule 11 requires the Court to advise Defendant that it is not bound and afford an opportunity to withdraw the plea.

For a (B) recommendation, the recommendation does not bind the Court. Defendant has no right to withdraw the plea merely because the Court declines to follow the recommendation.

Hughes v. State, 2026 WY 66, confirms that a sentencing cap and concurrency recommendation are treated as nonbinding Rule 11(e)(1)(B) terms unless the record clearly establishes a Rule 11(e)(1)(C) agreement that a specific sentence is the appropriate disposition.

Court's action:

• ☐ (A) or (C) agreement accepted;
• ☐ (A) or (C) agreement rejected and withdrawal opportunity given;
• ☐ decision deferred; or
• ☐ (B) recommendation acknowledged as nonbinding.

5. Advisements, Voluntariness, and Factual Basis

Before accepting the plea, the Court will address Defendant personally concerning the charge, punishment exposure, counsel, trial rights, and the consequences of the plea and agreement as required by current Rule 11.

The Court must determine that the plea is voluntary and is not the result of force, threats, or promises apart from the disclosed agreement.

Before entering judgment on a guilty plea, the Court must determine that a factual basis exists.

Proposed factual basis:

[____________________________________________________________]

[____________________________________________________________]

6. Restitution and Additional Terms

Wyoming Statutes §§ 7-9-102 and 7-9-103 govern criminal restitution and the Court's determination of the amount owed. Do not use the Crime Victims Act's notice provision, § 1-40-204, as the restitution-order authority.

Victim, pecuniary damage, amount, and proposed payment terms:

[____________________________________________________________]

Additional negotiated obligations:

• ☐ Defendant will appear as ordered and comply with existing release conditions.
• ☐ Defendant will provide this specifically described cooperation: [________________________________].
• ☐ The State will refrain from prosecuting only these identified matters: [________________________________].
• ☐ Other lawful term: [________________________________].

No alleged breach creates an automatic remedy. A party must request a judicial determination, and any withdrawal, reinstatement, change in recommendation, or use of statements is governed by current law and the agreement.

7. Review and Complete Agreement

This template does not impose a blanket waiver of direct appeal, post-conviction review, ineffective-assistance claims, or other remedies. Any separately negotiated waiver must be precise and reviewed against current Wyoming law.

This writing, incorporated attachments, and the terms disclosed on the record constitute the complete agreement. Amendments must be documented and disclosed to the Court.

8. Signatures

Defendant

I have reviewed this agreement with counsel, understand it, and enter my plea voluntarily.

________________________________________
[DEFENDANT NAME]
Date: ______________________

Defense Counsel

________________________________________
[DEFENSE COUNSEL NAME], WSB No. [____]
Date: ______________________

Prosecuting Attorney

________________________________________
[PROSECUTOR NAME]
Date: ______________________

Court

Plea: ☐ accepted ☐ rejected
Agreement type: ☐ (A) ☐ (B) ☐ (C) ☐ combination
Agreement action and Rule 11 findings stated on the record: ☐ Yes

________________________________________
Judge [NAME]
Date: ______________________

Sources and References

• Wyoming Judicial Branch, Wyoming Rules of Criminal Procedure — https://www.wyocourts.gov/app/uploads/2026/06/WRCrP-with-bond-schedule.pdf
• Wyoming Judicial Branch, Rule Amendments — https://www.wyocourts.gov/rule-amendments/
• Wyoming Legislature, Title 7, Chapter 9 — https://wyoleg.gov/statutes/compress/title07.pdf
• Hughes v. State, 2026 WY 66 — https://stwjbopinions.blob.core.usgovcloudapi.net/wsc-opinions/Hughes%20S-25-0238.pdf