more persons having as one (1) of its primary activities the commission of one (1) or more of the criminal acts enumerated in paragraph (xv) of this subsection, having a common name or identifying sign or symbol and whose members or associates individually or collectively engage in or have been engaged in a pattern of criminal street gang activity; (xv) "Pattern of criminal street gang activity" the commission of, conviction or adjudication for or solicitation, conspiracy or attempt to commit two (2) or more of the offenses listed in this paragraph on separate occasions within a three (3) year period. Offenses that form a pattern of criminal street gang activity include: (A) A violent felony as defined in paragraph (xii) of this subsection; (B) Promoting prostitution in violation of W.S. (C) Felony property destruction and defacement in violation of W.S. 63201 and punishable under W.S. 63201(b)(iii); (D) Theft in violation of W.S. 63402; (E) Wrongful taking or disposing of property in violation of W.S. 63403; (F) Forgery in violation of W.S. 63602; (G) Influencing, intimidating or impeding jurors, witnesses and officers, or obstructing or impeding justice in violation of W.S. (H) Possession of a firearm by a person convicted of certain felony offenses in violation of W.S. 68102; (J) Wearing or carrying concealed weapons in violation of W.S. 68104; (K) Possession, manufacture or disposition of a deadly weapon with unlawful intent in violation of W.S. 68103; (M) Blackmail in violation of W.S. 62402; trial trial;
(i) The defendant has no significant history of prior criminal activity; (ii) The murder was committed while the defendant was under the influence of extreme mental or emotional disturbance; (iii) The victim was a participant in the defendant's conduct or consented to the act; (iv) The defendant was an accomplice in a murder committed by another person and his participation in the homicidal act was relatively minor; (v) The defendant acted under extreme duress or under the substantial domination of another person; (vi) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired; (vii) The age of the defendant at the time of the crime; (viii) Any other fact or circumstance of the defendant's character or prior record or matter surrounding his offense which serves to mitigate his culpability. 62103. Review of death sentences; notice from clerk of court; factors to be considered by supreme court; disposition of appeal. (a) The judgment of conviction and sentence of is subject to automatic review by the supreme court of Wyoming within one hundred twenty (120) days after certification by the sentencing court of the entire record, unless the time is extended for an additional period not to exceed sixty (60) days by the supreme court for good cause shown. Such review by the supreme court shall have priority over all other cases. (b) Within ten (10) days after receiving the transcript, the clerk of the trial court shall transmit the entire record and transcript to the supreme court of Wyoming together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a statement of the judgment, the crime and punishment prescribed. The report shall be in the form of a standard trial
(iii) After a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere to a felony under this act is accepted, the court shall conduct a forfeiture hearing to determine if the property is subject to forfeiture under this section. If the court finds under a preponderance of evidence standard that property is subject to forfeiture, the court shall enter a preliminary order directing the forfeiture; (iv) The court may include in the preliminary order of forfeiture additional conditions reasonably necessary to preserve the property's value pending any appeal. (e) If the makes a preliminary order of forfeiture of property, legal interests of persons other than a party to the criminal action shall be determined, subject to the following: (i) Following an entry of a preliminary order of forfeiture, the state shall publish notice of the order in a newspaper of general circulation in the state once a week for two (2) weeks and shall provide written notice by first class mail to the last known address of any person who, after reasonable inquiry, appears to be a potential owner or lien holder in the property. The notice shall describe the forfeited property and shall advise that parties with a potential interest in the property may contest the forfeiture by filing a petition with the court not later than sixty (60) days after the date of the second published notice or, if notice is mailed under this paragraph, not later than thirty (30) days after mailing written notice; (ii) If a third party files a timely response asserting an interest in property subject to a preliminary order of forfeiture, the court shall conduct a hearing. The court may permit the parties to conduct discovery in accordance with the Wyoming Rules of Civil Procedure if the court determines that discovery is necessary or desirable to resolve factual issues. After the hearing, the court shall enter a final order of forfeiture by amending the preliminary order as necessary to account for any third party rights. If no third party files a timely petition, the preliminary order shall become the final order upon expiration of the time for filing a petition; (iii) If a defendant appeals from a conviction or a preliminary or final order of forfeiture, the court may stay the preliminary or final order of forfeiture on terms appropriate to ensure that the property remains available pending appellate review. A stay shall not delay a hearing or a determination of a
63414. Trespassing to unlawfully collect resource data; unlawful collection of resource data. (a) A person is guilty of trespassing to unlawfully collect resource data from private land if he: (i) Enters onto private land for the purpose of collecting resource data; and (ii) Does not have: (A) An ownership interest in the real property or, statutory, contractual or other legal authorization to enter the private land to collect the specified resource data; or (B) Written or verbal permission of the owner, lessee or agent of the owner to enter the private land to collect the specified resource data. (b) A person is guilty of unlawfully collecting resource data if he enters onto private land and collects resource data from private land without: (i) An ownership interest in the real property or, statutory, contractual or other legal authorization to enter the private land to collect the specified resource data; or (ii) Written or verbal permission of the owner, lessee or agent of the owner to enter the private land to collect the specified resource data. (c) A person is guilty of trespassing to access adjacent or proximate land if he: (i) Crosses private land to access adjacent or proximate land where he collects resource data; and (ii) Does not have: (A) An ownership interest in the real property or, statutory, contractual or other legal authorization to cross the private land; or (B) Written or verbal permission of the owner, lessee or agent of the owner to cross the private land.
issued a permit. The applicant may submit a written report containing relevant facts for consideration by the division. (k) An applicant shall pay the cost of fingerprinting services for one (1) set of fingerprints and shall not be charged for any additional services necessary to obtain a legible set of fingerprints. (m) The division shall, within sixty (60) days after the date of receipt of the items listed in subsection (e) of this section, either: (i) Issue the permit; or (ii) Deny the application based on the ground that the applicant fails to qualify under the criteria listed in this section or upon reasonable grounds for denial specified under subsection (g) of this section. If the division denies the application, it shall notify the applicant in writing, stating the grounds for denial and informing the applicant of a right to submit, within thirty (30) days, any additional documentation relating to the grounds of denial. Upon receiving any additional documentation, the division shall reconsider its decision and inform the applicant within twenty (20) days of the result of the reconsideration. The applicant shall further be informed of the right to seek review of the denial in the district court pursuant to the Wyoming Administrative Procedure Act, W.S. 163101 through 163115. No person who is denied a permit under this section shall carry a concealed firearm under a permit issued in another state, so long as he remains a resident of this state, and he remains ineligible for a permit in this state. (n) The division maintain an automated listing of permit holders and pertinent information, and the information shall be available on-line, upon request, at all times to all Wyoming law enforcement agencies. (o) Within thirty (30) days the changing of a permanent address, or within thirty (30) days after the loss or destruction of a permit, the permittee, including any permittee under paragraph (a)(iii) of this section, shall so notify the division. Violation of this subsection may result in cancellation or revocation of the permit. (p) In the that a permit is lost or destroyed, the permit shall be automatically invalid, and the person to whom the same was issued may, upon payment of a five dollar ($5.00) fee to