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THOMAS v. STATE

No. 04-264.

131 P.3d 348 (2006)

2006 WY 34

Francis Mack THOMAS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 22, 2006.

Attorney(s) appearing for the Case

Ken Koski, State Public Defender, PDP; Donna D. Domonkos, Appellate Counsel, for appellant. Argument by Ms. Domonkos.

Patrick J. Crank, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Eric A. Johnson, Director PAP; Jonathan Haidsiak, Student Director PAP; Timothy J. Forwood, Student Intern, for appellee. Argument by Mr. Haidsiak.

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

KITE, Justice.

[¶ 1] A jury convicted Francis Thomas of one count of aggravated assault and battery in violation of Wyo. Stat. Ann. § 6-2-502(a)(i) (LexisNexis 2005) and found him to be an habitual criminal under Wyo. Stat. Ann. § 6-10-201(a)(i) and (ii) (LexisNexis 2005). He appealed, claiming the trial court erred when it denied his motions for mistrial based upon the State's discovery violations and improper use of W.R.E. 404(b) evidence. He also...

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