Billis v. State

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 the state consent, the court may defer further prosecution proceedings and place the defendant on probation without entry of a…