from the District Court of Laramie County The Honorable
Catherine R. Rogers, Judge
Representing Appellant: Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Kirk A. Morgan, Chief
Appellate Counsel; Desiree Wilson, Senior Assistant Appellate
Counsel. Argument by Ms. Wilson.
Representing Appellee: Peter K. Michael, Attorney General;
Christyne M. Martens, Deputy Attorney General; Caitlin F.
Harper, Senior Assistant Attorney General; Katherine A.
Adams, Assistant Attorney General. Argument by Ms. Adams.
DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.
Appellant Willott Haynes Rhoads, IV, entered into a
conditional plea agreement. He pled guilty to fourth offense
felony driving while under the influence (DWUI) and reserved
his right to challenge the district court's ruling that
the lookback is to the date of conviction when determining
whether a fourth DWUI occurred in a ten-year period. Wyo.
Stat. Ann. § 31-5-233(e). The plea agreement resulted in
his conviction under Wyo. Stat. Ann. § 31-5-233(b) and
(e). We reverse.
We restate the issue:
Did the district court err, as a matter of law, when it
concluded the lookback for a fourth offense DWUI is to the
date of the conviction and not to the date of the underlying
On October 23, 2016, Laramie County Deputy Sheriff Mark Yocum
stopped Mr. Rhoads for speeding. The deputy believed Mr.
Rhoads was driving impaired, conducted field sobriety tests,
and arrested Mr. Rhoads for DWUI. Mr. Rhoads had three prior
relevant DWUI offenses:
Committed August 25, 2006
Convicted January 25, ...