MARQUEZ v. STATE

No. 87-166.

754 P.2d 705 (1988)

Charles Eugene MARQUEZ, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 9, 1988.


Attorney(s) appearing for the Case

Wyoming Public Defender Program, Martin J. McClain, Deputy State Public Defender, Julie D. Naylor, Appellate Counsel, Cheyenne, for appellant.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Gerald P. Luckhaupt, Asst. Atty. Gen., Cheyenne, for appellee.

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


BROWN, Chief Justice.

The appeal in this case arises from introduction into evidence at trial of a pair of boots taken from appellant Charles Marquez when he was arrested for burglary under § 6-3-301(a), W.S. 1977 (1986 Cum. Supp.). Appellant was convicted of the burglary charge and received a sentence of not less than six years nor more than ten years, a fine of $5,000 and an order to pay restitution. Appellant raises one issue on appeal:

"Whether the...

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