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FARBOTNIK v. STATE

No. 90-277.

850 P.2d 594 (1993)

James Alan FARBOTNIK, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 2, 1993.

Attorney(s) appearing for the Case

Wyoming Public Defender Program: Leonard D. Munker, State Public Defender, David Gosar, Appellate Counsel, for appellant.

James Farbotnik, pro se.

Joseph B. Meyer, Atty. Gen., Sylvia Lee Hackl, Deputy Atty. Gen., Jennifer L. Gimbel, Sr. Asst. Atty. Gen., for appellee.

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

THOMAS, Justice.

The primary issue to be resolved in this case is whether the rule articulated in Bearpaw v. State, 803 P.2d 70 (Wyo.1990), should be applied retrospectively to a case in which the defendant was a fugitive for almost seven years after his conviction. Application of the Bearpaw rule to this case would require reversal. If the Bearpaw rule is not applied, collateral issues relating to the sufficiency...

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