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MUNIZ v. STATE

No. 89-27.

783 P.2d 141 (1989)

Nolan Charles MUNIZ, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 27, 1989.

Attorney(s) appearing for the Case

Robert J. Pickett of Pickett & McKinney, Rock Springs, Harley McKinney (argued), for appellant.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., and Karen A. Byrne, Sr. Asst. Atty. Gen., (argued), for appellee.

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

CARDINE, Chief Justice.

Appellant Nolan Charles Muniz was convicted of attempted first degree sexual assault. He raises the following issues:

"1. Whether the trial court erred in its refusal to offer instruction as to a lesser included offense. "2. Whether the trial court erred in denying defendant's motion for acquittal for lack of sufficient evidence; and whether there was insufficient evidence to go to the jury, or to sustain the guilty verdict...

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