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TORTOLITO v. STATE

No. 92-237.

901 P.2d 387 (1995)

Joseph Steven TORTOLITO, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 18, 1995.

Attorney(s) appearing for the Case

Tim Newcomb of Grant & Newcomb, Cheyenne, for appellant.

Joseph B. Meyer, Attorney General; D. Michael Pauling, Sr. Assistant Attorney General; Mary Beth Wolff, Sr. Assistant Attorney General, Cheyenne, for appellee.

GOLDEN, C.J., delivers the opinion of the Court; THOMAS, J., files a dissenting opinion.

GOLDEN, Chief Justice.

In Tortolito v. State, 885 P.2d 864 (Wyo. 1994), a divided court affirmed Joseph Steven Tortolito's (Tortolito) conviction and sentence for robbery. We granted Tortolito's petition for rehearing and heard reargument on March 14, 1995.

We withdraw our earlier opinion, reverse the conviction and sentence for impermissible prosecutorial comments upon Tortolito's pre-arrest silence, and remand for...

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