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SWANSON v. STATE

No. 98-99.

981 P.2d 475 (1999)

Terry B. SWANSON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 25, 1999.

Attorney(s) appearing for the Case

James K. Lubing of James K. Lubing Law Office, Jackson, Wyoming, Representing Appellant.

William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and James L. Radda, Special Assistant Attorney General, Cheyenne, Wyoming, Representing Appellee.

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

TAYLOR, Justice, Retired.

Appellant, Terry B. Swanson (Swanson), contests the judgment and sentence entered after a jury found him guilt of larceny. Finding no error, we affirm.

I. ISSUES

Swanson presents three issues for our review:

(1) Did the State engage in vindictive prosecution when it refused to grant Terry B. Swanson a deferred adjudication under W.S. § 7-13-3011 in retaliation for Terry B. Swanson...

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