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WHEATON v. STATE

No. 01-6.

68 P.3d 1167 (2003)

2003 WY 56

William WHEATON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 1, 2003.

Attorney(s) appearing for the Case

Kenneth M. Koski, State Public Defender; Donna D. Domonkos, Appellate Counsel; and Tina N. Kerin, Assistant Appellate Counsel, Representing Appellant. Argument by Tina Kerin.

Hoke MacMillan, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Kimberly A. Baker; Senior Assistant Attorney General; Theodore E. Lauer, Director, Prosecution Assistance Program; and Shawn L. Barlow, Student Director, Representing Appellee. Argument Mr. Barlow.

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

HILL, Chief Justice.

[¶ 1] Appellant, William Wheaton (Wheaton), appeals from the judgment and sentence finding him guilty of causing bodily injury to a peace officer engaged in the lawful performance of his duties, and property destruction. Wheaton contends that the State engaged in misconduct when it utilized the results of a blood alcohol test which was accomplished without his consent, and that the blood test was the result of an unreasonable search and seizure...

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