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HEIER v. STATE

No. 86-98.

727 P.2d 707 (1986)

Bradley HEIER, Appellant, (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 6, 1986.

Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender and Julie D. Naylor, Appellate Counsel, Public Defender Program, Cheyenne, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., Judith A. Patton, Asst. Atty. Gen., Donald Miller, Legal Intern, Cheyenne, for appellee.

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

BROWN, Justice.

Appellant Bradley Heier was convicted by a Sweetwater County jury of burglary and sentenced by the court to a term in the state penitentiary. On appeal appellant raises two issues:

"Whether the trial court erred in refusing to grant a new trial based on Appellant's testifying without being sworn. "Whether the trial court abused its discretion in refusing to give credit against Appellant's sentence for time served in presentence confinement...

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