from the District Court of Hot Springs County The Honorable
Robert E. Skar, Judge
Representing Appellant: Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Tina N. Olson, Chief
Appellate Counsel; Eric M. Alden, Senior Assistant Appellate
Counsel. Argument by Mr. Alden.
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; David L. Delicath, Deputy Attorney General;
Christyne M. Martens, Senior Assistant Attorney General;
Philip M. Donoho, Assistant Attorney General. Argument by Mr.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Ryan Webster stole a car in Thermopolis and drove it through
Wyoming toward Colorado. Authorities in Cheyenne were
alerted, and a vehicular chase eventually ended across the
Wyoming border in Colorado, where Mr. Webster was arrested
and jailed. The State of Wyoming filed separate charges
arising from the incident in Hot Springs County and Laramie
County. The charges resulted in detainers being filed in
Colorado against Mr. Webster. In accordance with the
Interstate Agreement on Detainers, Mr. Webster requested
disposition of the charges against him in both counties. Mr.
Webster was transported to Cheyenne to stand trial; however,
the State failed to bring Mr. Webster to trial within the
180-day period required by the Interstate Agreement on
Detainers, and the Laramie County charge was dismissed with
prejudice. Upon dismissal of the Laramie County charge, Mr.
Webster was transported to Hot Springs County to face charges
there. Again, however, the State failed to try Mr. Webster
within the 180-day window, and the Hot Springs County charge
was likewise dismissed with prejudice.
After returning Mr. Webster to Colorado, the State filed
another charge against Mr. Webster in Hot Springs County
arising from the car theft. The charge cited the identical
statutory provision as the charge against Mr. Webster which
had previously been dismissed with prejudice in Laramie
County. Mr. Webster was extradited and stood trial on the
second Hot Springs County charge, which resulted in a
conviction. Mr. Webster now appeals his conviction, arguing
that he could not be prosecuted in Hot Springs County on a
charge that had been dismissed with prejudice. We reverse and
find that the dismissal of the Laramie County charge with
prejudice barred the State from charging Mr. Webster with the
same crime in Hot Springs County.
Mr. Webster raises two issues in his appeal. However, because
his second issue is dispositive of the case, we will address
only whether the State was precluded from prosecuting Mr.
Webster by the previous dismissal with prejudice of the same
In the early morning hours of January 25, 2012, Kevin Smith
realized that his 2006 Cadillac Escalade had been stolen from
in front of his Thermopolis home. He informed local
authorities who advised him to contact On-Star to pinpoint
the vehicle's location. On-Star located the vehicle
traveling south on Interstate 25 in Platte County, Wyoming.
The Wyoming Highway Patrol was notified, and officers began
their pursuit of the vehicle near Cheyenne, Wyoming. The
pursuit continued into Colorado where the vehicle eventually
stopped, and officers apprehended the suspect, who was later
identified as Ryan Webster.
Mr. Webster was arrested by a Colorado State Patrol officer
and taken to Fort Collins for booking. The State of Wyoming
charged Mr. Webster in Laramie County with receiving stolen
property in violation of Wyo. Stat. Ann. § 6-3-403(a)(i)
(LexisNexis 2015),  and in Hot Springs County with larceny in
violation of Wyo. Stat. Ann. § 6-3-402(a)(c)(i)
(LexisNexis 2015). At the time of the Wyoming charges, Mr.
Webster was being held in a Colorado prison for an unrelated
crime. The State filed detainers with the Colorado Department
of Corrections, pursuant to the Interstate Agreement on
Detainers (IAD), Wyo. Stat. Ann. §§ 7-15-101
through 7-15-105 (LexisNexis 2015), informing the Department
that Mr. Webster was wanted on charges in Wyoming, and
requesting that the Department "place a hold on [their]
inmate[, Ryan Webster]." Upon learning of the detainer,
Mr. Webster requested that the Wyoming charges against him
come to a final disposition in accordance with the IAD.
Mr. Webster was first transported to Cheyenne to face the
charges brought by the State in Laramie County. The State
failed to bring Mr. Webster to trial within 180 days as
required by the IAD,  and as a result, the Laramie County
charges were dismissed.Mr. Webster was then taken to Hot
Springs County to face the charges brought by the State in
that venue. Again, the State failed to bring Mr. Webster to
trial within the 180-day window and the charge was dismissed
with prejudice. Mr. Webster was then transported back to
The State then filed a separate charge against Mr. Webster in
Hot Springs County, alleging that he bought or received
stolen property in violation of Wyo. Stat. Ann. §
6-3-403(a)(i). Mr. Webster was arrested in Colorado on
December 23, 2014, in connection with that charge, and was
extradited to Wyoming. Mr. Webster moved to dismiss, arguing
that the initial dismissal with prejudice in Hot Springs
County applied to "all untried indictments, informations
or complaints, " that his right to a speedy trial was
violated, and that the initial dismissals with prejudice of
the Laramie County and Hot Springs County charges precluded
the State from bringing the same charges again. The district
court denied Mr. Webster's motion and a trial was ...