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APODACA v. STATE

No. 4782.

571 P.2d 603 (1977)

Vincent A. APODACA, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

November 23, 1977.

Attorney(s) appearing for the Case

King Tristani, Asst. Public Defender, Cheyenne, for appellant.

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Division, and Richard H. Honaker, Asst. Atty. Gen., Cheyenne, for appellee.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

GUTHRIE, Chief Justice.

This is an appeal from the sentence by the district judge of the minor appellant to a term of not less than 20 nor more than 40 years in the Wyoming State Penitentiary based upon a guilty plea to the charge of second degree murder in violation of § 6-55, W.S. 1957.

Appellant was 15 years of age at the time the crime was committed and 16 at the time of the sentence. He was originally charged with first degree murder. Upon arraignment...

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