from the District Court of Laramie County The Honorable
Catherine R. Rogers, Judge
of the State Public Defender: Diane Lozano, State Public
Defender; Tina N. Olson, Chief Appellate Counsel; and Eric M.
Alden, Senior Assistant Appellate Counsel.
K. Michael, Wyoming Attorney General; David L. Delicath,
Deputy Attorney General; Christyne Martens, Senior Assistant
Attorney General; and Samuel S. Voyles, Assistant Attorney
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Armando Ramirez entered a conditional guilty plea to a fourth
offense felony DWUI charge. Ramirez claims his latest DWUI
does not qualify as his fourth offense in the last ten years,
because although the offense occurred within ten years of his
oldest relevant prior conviction, he did not plead guilty
until after ten years had passed. We will affirm.
We rephrase the issue as follows:
Whether the felony penalty under Wyo. Stat. Ann. §
31-5-233 requires three or more prior convictions within ten
years of the conviction on the current charge?
On July 11, 2013, Armando Ramirez drove a vehicle involved in
an accident in Cheyenne. Five days later, he was charged with
a felony DWUI, his fourth within 10 years according to the
charging documents. Three prior convictions were listed in
the criminal information: (1) A DWUI conviction dated April
6, 2005, for an offense occurring March 9, 2005; (2) a DWUI
conviction dated October 24, 2005, for an offense occurring
August 10, 2005; and (3) a DWUI conviction dated December 15,
2008, for an offense occurring August 30, 2008.
After several continuances, Ramirez filed a motion to dismiss
in May of 2015. He argued that a felony prosecution was
improper because 10 years had passed since his conviction
from April of 2005. Therefore, he could not be prosecuted for