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BARKELL v. STATE

No. 00-223.

55 P.3d 1239 (2002)

2002 WY 153

Gerald P. BARKELL, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Defendant).

Supreme Court of Wyoming.

October 16, 2002.

Attorney(s) appearing for the Case

Kenneth Koski, State Public Defender; Donna D. Domonkos, Appellate Counsel; Ryan R. Roden, Assistant Appellate Counsel; Diane E. Courselle, Director, Sean Minahan, Student Intern, and Kirk Morgan, Student Intern, of the Wyoming Defender Aid Program, Representing Appellant. Argument by Mr. Morgan.

Hoke MacMillan, Wyoming Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; T. Alan Elrod, Assistant Attorney General, Representing Appellee. Argument by Mr. Elrod.

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

GOLDEN, Justice.

[¶ 1] On January 25, 2000, a jury convicted Gerald P. Barkell (Barkell) of two counts of third degree sexual assault in violation of Wyo. Stat. Ann. § 6-2-304(a)(ii) (LexisNexis 2001). On appeal, Barkell challenges his convictions based on the alleged ineffectiveness of his trial counsel. We find that Barkell has not overcome the strong presumption that his counsel rendered adequate assistance and affirm his convictions.

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