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FLORES v. STATE

No. 4685.

572 P.2d 746 (1977)

Jose FLORES, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

December 14, 1977.

Attorney(s) appearing for the Case

Keith M. Wilcox, Saratoga, for appellant.

V. Frank Mendicino, Atty. Gen.; Gerald A. Stack, Deputy Atty. Gen.; and Allen C. Johnson, Frank A. Chapman and Richard Honaker, Asst. Attys. Gen., Cheyenne, for appellee.

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

GUTHRIE, Chief Justice.

This is an appeal from a conviction of first degree murder in violation of Subsections (a) and (b)(i) of § 6-54, W.S. 1957, 1975 Cum.Supp.

Defendant pleaded not guilty and not guilty by reason of mental illness or deficiency, and upon trial the jury found defendant guilty as charged and exacted the death penalty. Since the sentence was imposed, this court has held that the statute applying this penalty was unconstitutional,

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