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WHEELER v. STATE

No. 84-10.

705 P.2d 861 (1985)

Oral G. WHEELER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 11, 1985.

Attorney(s) appearing for the Case

George R. Kuvinka, of Kuvinka and Kuvinka, Jackson, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Senior Asst. Atty. Gen., and Michael A. Blonigen, Asst. Atty. Gen., for appellee.

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

BROWN, * Justice.

Appellant Oral G. Wheeler was convicted of driving while under the influence of intoxicating liquor, an offense proscribed by § 31-5-233(a), W.S. 1977. The district court affirmed the justice court conviction. We will affirm the district court.

The issues for review are:

I

Did the appellant have a statutory or constitutional right to counsel at the time he agreed to take a breathalyzer test, and was he afforded due...

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