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MAKINEN v. STATE

No. 86-142.

737 P.2d 345 (1987)

Mathew David MAKINEN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 20, 1987.

Attorney(s) appearing for the Case

Wyoming Public Defender Program, Leonard D. Munker, Public Defender, Julie D. Naylor, Appellate Counsel, Williams Combs, Student Intern, Cheyenne, for appellant.

A.G. McClintock, Atty. Gen., John W. Renneisen, Senior Asst. Atty. Gen., David K. Gruver, Asst. Atty. Gen., Cheyenne, for appellee.

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

BROWN, Chief Justice.

Appellant Mathew Makinen was charged, tried and convicted of incest with his step-daughter, age 13, in violation of § 6-4-402(a)(ii), W.S. 1977 (Cum.Supp. 1986).1 He was sentenced to a term of fifteen to sixty months in the state penitentiary.

Appellant raises the following issues on appeal:

"I "Whether the decision to allow uncharged misconduct testimony was improperly based on the...

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