McWilliams v. State, 289 P.3d 780

Appellant pled guilty to three drug counts; district court deferred conviction on two felonies under Wyo. Stat. § 35-7-1087 without adjudicating guilt.
State filed a Motion to Reconsider about 131 days before judgment; district court later granted one deferral but struck the other.
Judgment and Sentence were entered on one count; the deferral on the other count remained ongoing, with subsequent State challenge.
State argued the deferral on multiple counts exceeded statutory authority and challenged via a motion to reconsider after judgment.
District court issued an Order on State's Motion to Reconsider and a Judgment and Sentence reflecting one guilty plea and one deferral.
Majority held the State’s prejudgment Motion to Reconsider is not a nullity and is not a 60(b) motion; case affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the Motion to Reconsider and related orders void as nullities?	McWilliams argues Plymale controls; motion is null, void.	State contends pre-judgment motion valid and properly before court.	Not a nullity; motion valid pre-judgment.
If not a nullity, was the motion deemed denied under Rule 6(c)(2) or analogous civil rule?	State seeks deemed-denial under Rule 6(c)(2) bootstraped to criminal procedure.	Motion is prejudgment; Rule 6(c)(2) does not apply.	Rule 6(c)(2) did not apply; motion not deemed denied.

Plymale v. Donnelly, 125 P.3d 1022 (Wyoming 2006) (prejudgment motions to reconsider are not authorized; can be nullities post-judgment)
Steranko v. Dunks, 199 P.3d 1096 (Wyoming 2009) (prejudgment motions to reconsider valid; distinguishes Steranko from Plymale)
Freeman v. State, 246 P.3d 601 (Wyoming 2011) (tolling of appeal time in criminal cases; related to reconsideration timing)
Broadhead v. Broadhead, 737 P.2d 731 (Wyoming 1987) (district court authority to revise rulings prior to final judgment)
Crozier v. State, 882 P.2d 1230 (Wyoming 1994) (no right of direct appeal for state in criminal cases; bill of exceptions noted)
Ken v. State, 267 P.3d 567 (Wyoming 2011) (state cannot directly appeal in criminal cases; outlines review avenues)
Newman v. State, 88 P.3d 445 (Wyoming 2004) (rare circumstances for petition for writ of review in lieu of bill of exceptions)
Billis v. State, 800 P.2d 401 (Wyoming 1990) (deferral orders and state review via bill of exceptions; statutory consent issues)
Padilla v. State, 91 P.3d 920 (Wyoming 2004) (State’s potential relief under Rule 60(b) discussed)
DeLoge v. State, 123 P.3d 578 (Wyoming 2005) (timely disposition and procedural mechanics in criminal appeals)