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SMITH v. STATE

No. 95-168.

922 P.2d 846 (1996)

Roy L. SMITH, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

July 31, 1996.

Attorney(s) appearing for the Case

Sylvia Lee Hackl, State Public Defender; Deborah Cornia, Appellate Counsel; Donna D. Hoffdahl, Assistant Appellate Counsel, Wyoming Public Defender Program, for appellant.

William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Kimberly A. Baker, Assistant Attorney General; Prosecution Assistance Program, Theodore E. Lauer, Director, and Jason M. Tangeman, Student Intern, for appellee.

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

THOMAS, Justice.

The issue presented by this appeal is whether a proportionality analysis, comparing the sentence imposed with other sentences for the same offense, should be invoked to determine that the trial court abused its discretion in imposing a sentence. Roy Leroy Smith (Smith) was sentenced to a term of eighteen to twenty years for aggravated vehicular homicide. He appealed from this sentence, contending it is the most severe sentence that could be imposed...

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