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SMITH v. STATE

No. 5114.

598 P.2d 1389 (1979)

Bo Robbins SMITH, Appellant (Defendant), v. STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 27, 1979.

Attorney(s) appearing for the Case

Stephen R. Johnson, Asst. Public Defender, Sheridan, signed the briefs and appeared in oral argument on behalf of the appellant.

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., and Berry F. Laws, III, Legal Intern, signed the brief on behalf of appellee and Mr. Laws, III, appeared in oral argument. Also present at oral argument was Richard S. Rideout, Asst. Atty. Gen.

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

RAPER, Chief Justice.

The only issue presented in this appeal is whether a probationer is entitled to peremptorily disqualify the sentencing district court judge from presiding at a probation revocation hearing under Rule 23(d), W.R. Cr.P.1

The appellant-defendant was charged by information filed June 1, 1978, with violations of § 6-7-301, W.S. 1977 (grand larceny of an automobile), and § 6-10-105, W.S. 1977 (willful...

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