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SANCHEZ v. STATE

No. 4978.

592 P.2d 1130 (1979)

Jesus Monje SANCHEZ, Appellant (Defendant below), v. STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

March 28, 1979.

Attorney(s) appearing for the Case

James P. Castberg, Powell, signed the brief for appellant.

John J. Rooney, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., and Sharon A. Fitzgerald, Legal Intern, signed the brief on behalf of appellee.

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

RAPER, Chief Justice.

The appellant-defendant Jesus Monje Sanchez pleaded guilty in the district court to a third-degree sexual assault, § 6-4-304, W.S. 1977, and was sentenced to a term of not less than one year and eight months nor more than four years in the Wyoming State Penitentiary. This appeal challenges the sentence on the ground that the district court erred in stating it could not consider probation.

We will vacate the judgment and sentence...

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