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PEARSON v. STATE

No. 99-280.

12 P.3d 686 (2000)

James Edward PEARSON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Denied November 21, 2000.

Attorney(s) appearing for the Case

Representing Appellant: Michael D. Zwickl of Beech Street Law Office, Casper, Wyoming.

Representing Appellee: Gay Woodhouse, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Kimberly A. Baker, Senior Assistant Attorney General, Cheyenne, Wyoming.

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

THOMAS, Justice.

James Edward Pearson's (Pearson) major contention is that he was entitled to have his proffered jury instruction on a lesser-included offense given to the jury, and the trial court erred in failing to give it. Pearson was convicted of one count of delivery of a controlled substance in violation of Wyo.Stat. Ann § 35-7-1031(a) (Lexis 1999).1 The instruction that Pearson requested, and which the trial court refused...

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