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SMITH v. STATE

No. 97-256.

964 P.2d 421 (1998)

James Wycoff SMITH, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 25, 1998.

Attorney(s) appearing for the Case

Sylvia Lee Hackl, State Public Defender; Donna D. Domonkos, Appellate Counsel; Monique McBride, Student Intern. Donna D. Domonkos (Argued), for Appellant (Defendant).

William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Bryan A. Skoric, Assistant Attorney General. Bryan A. Skoric (argued), for Appellee (Plaintiff).

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

GOLDEN, Justice.

In 1995, the Wyoming State Legislature enacted legislation changing controlled substance possession from a misdemeanor to a felony for specified weights of controlled substances and other substances. Police found Appellant James Wycoff Smith in possession of .40 grams of amphetamine, a misdemeanor amount under WYO. STAT. § 35-7-1031(c)(i)(C). He also possessed 24.49 grams of water that tested positive for the presence of amphetamine. The weight...

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