THOMAS v. STATE

No. 02-95.

67 P.3d 1199 (2003)

2003 WY 53

Darin Dewayne THOMAS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 30, 2003.


Attorney(s) appearing for the Case

Representing Appellant: Kenneth Koski, State Public Defender; Donna D. Domonkos, Appellate Counsel; Ryan R. Roden, Senior Assistant Appellate Counsel; Diane E. Courselle, Faculty Director, Defender Aid Program; Jason M. Tangeman, Interim Program Director; Lindsay Hoyt, Student Director; and Allison F. Johnston and Anna M. Reeves, Student Interns. Argument by Ms. Reeves.

Representing Appellee: Hoke MacMillan, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Kimberly A. Baker, Senior Assistant Attorney General. Argument by Ms. Baker.

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


LEHMAN, Justice.

[¶ 1] Darin Dewayne Thomas (Thomas) appeals the judgment and sentence imposed upon his conviction of one count of possession with the intent to deliver cocaine, in violation of Wyo. Stat. Ann. §§ 35-7-1031(a)(i) and 35-7-1016(b)(iv) (LexisNexis 2001).1 Thomas claims, among other things, that the court erred in failing to give a lesser-included offense instruction...

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