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ADAMS v. STATE

No. 84-173.

697 P.2d 622 (1985)

Donald Mark ADAMS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 9, 1985.

Attorney(s) appearing for the Case

Donald L. Painter, Casper, for appellant (defendant).

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., Terry J. Harris, Asst. Atty. Gen., and Michael A. Blonigen, Asst. Atty. Gen., Cheyenne, for appellee (plaintiff).

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

BROWN, Justice.

Appellant was convicted of being in "actual physical control" of his parked vehicle while intoxicated. He raises two issues on appeal:

"I "Whether the element of `actual physical control' contained in Section 31-5-233(a), W.S. 1977, is unconstitutionally vague? "II "Whether there existed sufficient evidence to support a finding that appellant was in `actual physical control' of his vehicle at the time of his arrest...

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