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SHUMAKER v. STATE

No. 06-33.

167 P.3d 11 (2007)

2007 WY 143

Daniel Earl SHUMAKER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 7, 2007.

Attorney(s) appearing for the Case

Representing Appellant: Kenneth M. Koski, State Public Defender, PDP; Donna D. Domonkos, Appellate Counsel; Tina N. Kerin, Senior Assistant Appellate Counsel.

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

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

KITE, Justice.

[¶ 1] Mr. Shumaker challenges the sufficiency of the evidence to support his conviction by a jury of possessing marijuana with intent to deliver. He claims that the State failed to prove he possessed marijuana in violation of Wyoming statutes because law enforcement only recovered marijuana stems and seeds from his home. Relying on the definition of marijuana set out in Wyo. Stat. Ann. § 35-7-1002(a)(xiv) (LexisNexis 2007), which exempts some...

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