CAPWELL v. STATE

No. 83-210.

686 P.2d 1148 (1984)

Christopher John CAPWELL, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 8, 1984.


Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, Wyoming Defender Aid Program, Laramie, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., and Roger Fransen, Asst. Atty. Gen., for appellee; oral argument by Roger Fransen, Asst. Atty. Gen.

Before ROONEY, C.J., and THOMAS, ROSE, BROWN and CARDINE, JJ.


CARDINE, Justice.

This appeal is from appellant Christopher Capwell's conviction of attempted first degree sexual assault for which he was sentenced to a term of not less than five nor more than ten years.

We will affirm the conviction but remand for resentencing.

On December 21, 1982 appellant, Capwell, knocked on the door of the victim's apartment asking to speak to "John." The victim was home alone and informed Capwell that no one named John lived...

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