Starrett v. State, 2012 WY 133

Starrett pleaded guilty to third-degree sexual abuse of a minor under a plea agreement.
District court failed to advise in open court that federal firearm consequences could follow a felony conviction under 18 U.S.C. provisions.
Wyoming statute § 7-11-507 mandates open-court advisement of consequences; the district court did not provide this advisement.
Record shows the court otherwise advised under Wyoming Rules of Criminal Procedure throughout proceedings.
The court sentenced Starrett to 8–12 years with credits, but without the § 7-11-507 advisement.
Court elects de novo review to interpret the statutory advisement requirement and its effect on the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to advise under § 7-11-507 requires setting aside the conviction.	Starrett: de novo review required; judgment must be set aside.	State: plain error analysis insufficient to set aside without objection.	De novo review; advisement mandatory; set aside and remand for new plea with proper advisement.

United States v. Dominguez Benitez, 542 U.S. 74 (U.S. 2004) (plain error standard for Rule 11 advisement issues)
Mebane v. State, Wy. 2012 WY 43 (Wyo. 2012) (plain error framework for advisement errors)
Trumbull v. State, 214 P.3d 978 (Wyo. 2009) (Rule 32 error requiring remedy when probation advisement fails)
Clark v. State, 275 P.3d 488 (Wyo. 2012) (remand for amended sentence where probation considered)
State v. Francis, Ohio St.3d 490, 820 N.E.2d 355 (Ohio 2004) (mandates that mandatory advisements may trump procedural rules)
Slytman v. United States, 804 A.2d 1113 (D.C. 2002) (statutory immigration-advisement decisions cited in other jurisdictions)