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DeSERSA v. STATE

No. 86-131.

729 P.2d 662 (1986)

Hubert Charles DeSERSA, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 10, 1986.

Attorney(s) appearing for the Case

William S. Edwards, Gillette, and Ramon A. Roubideaux, Rapid City, S.D., for appellant.

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

Before THOMAS, C.J., and BROWN, CARDINE, URBIGKIT and MACY, JJ.

URBIGKIT, Justice.

A conviction of attempted burglary raises appeal claims of insufficiency of the evidence and impermissible prosecutorial comment, violating the constitutional right against self-incrimination. We affirm.

Stated issues to be considered are:

1. Sufficiency of the evidence for conviction as a matter of law. 2. Comment of prosecutor in final argument violated defendant's constitutional rights and required a mistrial then and...

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