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EATHERTON v. STATE

No. 87-267.

761 P.2d 91 (1988)

Patrick Eugene EATHERTON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 31, 1988.

Attorney(s) appearing for the Case

Wyoming Public Defender Program: Leonard D. Munker, State Public Defender; Steven E. Weerts, Sr. Asst. Public Defender, and Julie Naylor, for appellant.

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

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

BROWN, Chief Justice.1

Appellant Patrick Eugene Eatherton appeals his conviction for burglary. He presents the following issues:

1. Whether it was error to refuse Appellant's motion to merge offenses. 2. Whether it was error to refuse to instruct the jury on the lesser-included offenses to burglary. 3. Whether it was error to order restitution when the jury expressly acquitted Appellant of larceny.

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