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POOL v. STATE

No. 99-241.

17 P.3d 1285 (2001)

2001 WY 8

James Kirkpatrick POOL, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

January 29, 2001.

Attorney(s) appearing for the Case

Representing Appellant: Sylvia L. Hackl, State Public Defender; Donna D. Domonkos, Appellate Counsel; Diane E. Courselle, Director, Defender Aid Program; and Guy Cleveland, Student Intern.

Representing Appellee: Gay Woodhouse, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Monique B. DuPont Armijo, Assistant Attorney General.

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

THOMAS, Justice.

[¶ 1] In this case, the new issue for Wyoming is found in the claim of James Kirkpatrick Pool (Pool) that the plain language of Wyo.Stat.Ann. § 35-7-1031(c) (Lexis 1999) requires the State to prove the controlled substance was not "obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice" or "otherwise authorized by this act."1

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