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HEYWOOD v. STATE

No. 06-150.

170 P.3d 1227 (2007)

2007 WY 149

Robbie HEYWOOD, Appellant (Defendant), v. THE STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 19, 2007.

Attorney(s) appearing for the Case

Representing Appellant: D. Terry Rogers, Interim State Public Defender; Donna D. Domonkos, Appellate Counsel; and Ryan R. Roden, Senior Assistant Appellate Counsel. Argument by Ms. Domonkos.

Representing Appellee: Patrick J. Crank, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Eric Johnson, Faculty Director, Prosecution Assistance Program; Geoffrey Gunnerson, Student Director, and Mackenzie Williams and Brian J. Hunter, Student Interns. Argument by Mr. Hunter.

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

VOIGT, Chief Justice.

[¶ 1] This is an appeal from the appellant's convictions on three counts of second-degree sexual assault. The appellant contends that the district court erred in refusing to give certain lesser-included offense instructions and in failing to answer a question presented by the jury during deliberations. We affirm the district court's decision in regard to the lesser-included offense instructions, but we reverse because of plain error in failing...

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