RODRIGUEZ v. STATE

No. 95-129.

917 P.2d 172 (1996)

Florentino RODRIGUEZ, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Denied June 11, 1996.


Attorney(s) appearing for the Case

Sylvia L. Hackl, State Public Defender, Deborah Cornia, Appellate Counsel and Megan L. Hayes, Laramie, for Appellant.

William U. Hill, Attorney General, Paul S. Rehurek, Deputy Attorney General, D. Michael Pauling, Senior Assistant Attorney General and Georgia L. Tibbetts, Assistant Attorney General, for Appellee.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.


MACY, Justice.

Appellant Florentino Rodriguez appeals from the order which corrected his sentences.

We reverse and remand.

ISSUES

Appellant presents the following issues for our review:

Issue One: Whether the District Court improperly enhanced the defendant's sentence, pursuant to section 6-10-201(a) and (b)(ii), W.S.1977, the Wyoming Habitual Criminal statute, because child abuse is not a violent felony within the meaning of the...

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