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HOOS v. STATE

No. 00-224.

75 P.3d 609 (2003)

2003 WY 101

Bruce HOOS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 26, 2003.

Attorney(s) appearing for the Case

Representing Appellant: Dion J. Custis, Cheyenne, Wyoming.

Representing Appellee: Hoke MacMillan, Wyoming, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Georgia L. Tibbetts, Senior Assistant Attorney General.

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

GOLDEN, Justice.

[¶ 1] In this appeal, the primary issue we must consider is whether the presence of the alternate juror for a brief forty minutes during jury deliberations presents reversible error. Appellant Bruce Hoos was convicted for one count of conspiracy to commit livestock rustling and challenges the presence of the alternate as a constitutional violation. He presents other issues; however, we agree that the presence of the alternate juror during deliberations...

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