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OCHOA v. STATE

Nos. 92-66, 92-67.

848 P.2d 1359 (1993)

Roy Joseph OCHOA, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff) (Two Cases).

Supreme Court of Wyoming.

March 22, 1993.

Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender, Mike Cornia, Sr. Asst. Public Defender, argued, and Deborah Cornia, Appellate Counsel, for appellant.

Joseph B. Meyer, Atty. Gen., Sylvia Lee Hackl, Deputy Atty. Gen., Barbara L. Boyer, Sr. Asst. Atty. Gen., and Mary Beth Wolff, Asst. Atty. Gen., argued for appellee.

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

CARDINE, Justice.

Appellant (Roy Joseph Ochoa) pled nolo contendere to two counts of Indecent Liberties with a Minor (W.S. 14-3-105). He now challenges his conviction, alleging: (a) that the State charged and convicted him with the wrong crime; (b) that W.S. 14-3-105 is unconstitutional; and (c) that he was improperly sentenced.

We affirm.

Ochoa frames the issues as follows:

I. Did the legislature intend that third degree sexual assault would...

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