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BRISSON v. STATE

No. 97-67.

955 P.2d 888 (1998)

Michael BRISSON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 18, 1998.

Attorney(s) appearing for the Case

Sylvia L. Hackl, State Public Defender; Donna D. Domonkos, Appellate Counsel; and Diane M. Lozano, Assistant Appellate Counsel, for Appellant.

William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Theodore E. Lauer, Director of the Prosecution Assistance Program; and James Kaste, Student Intern for the Prosecution Assistance Program, for Appellee.

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

MACY, Justice.

The district court certified questions to the Wyoming Supreme Court pursuant to W.R.A.P. 11. The Wyoming Supreme Court agreed to answer the following certified questions:

1. Does a county court conviction, without benefit of counsel, for spousal battery expose the person so convicted to a "practical possibility" of incarceration? 2. If the answer to the first question is "yes," may such an uncounseled misdemeanor conviction be used...

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