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SARR v. STATE

No. 02-17.

85 P.3d 439 (2004)

2004 WY 20

Michael W. SARR, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 10, 2004.

Attorney(s) appearing for the Case

Representing Appellant: Kenneth M. Koski, State Public Defender, PDP; Donna D. Domonkos, Appellate Counsel; and Ryan R. Roden, Senior Assistant Appellate Counsel.

Representing Appellee: Patrick J. Crank, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Daniel M. Fetsco, Assistant Attorney General.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, JJ; and KALOKATHIS, D.J.

KITE, Justice.

[¶ 1] Following publication of this Court's original opinion in Sarr v. State, 2003 WY 42, 65 P.3d 711 (Wyo.2003), Appellant Michael Sarr filed a Petition for Rehearing, asserting that the Court erred by remanding for a new trial on Count III. He claims that because his conviction on that count was reversed for insufficiency of the evidence, allowing a second trial on that count would violate the constitutional...

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