DERKSEN v. STATE

No. 91-1126.

845 P.2d 1383 (1993)

Frank W. DERKSEN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 5, 1993.


Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender, David Gosar, Appellate Counsel, and Erin A. McIntyre, Legal Intern, for appellant.

Joseph B. Meyer, Atty. Gen., Sylvia L. Hackl, Deputy Atty. Gen., and Barbara L. Boyer, Sr. Asst. Atty. Gen., for appellee.

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


URBIGKIT, Justice.

An issue of first impression is presented in this appeal asking whether the offense of taking immodest, immoral or indecent liberties with a child is a lesser included offense of second-degree sexual assault. Appellant, Frank W. Derksen (Derksen), contends it was plain error to permit the lesser included offense instruction from which his conviction resulted. We agree.

I. ISSUES

Appellant states multiple issues for this court's...

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