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BUTZ v. STATE

No. 06-215.

167 P.3d 650 (2007)

2007 WY 152

Timothy Floyd BUTZ, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 21, 2007.

Attorney(s) appearing for the Case

Representing Appellant: Diane Lozano, State Public Defender, PDP; Donna D. Domonkos, Appellate Counsel; Diane Courselle, Director, DAP; Patricia Lara, Student Intern, DAP. Argument by Ms. Lara.

Representing Appellee: Patrick J. Crank, Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Leda M. Pojman, Assistant Attorney General. Argument by Ms. Pojman.

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

KITE, Justice.

[¶ 1] Mr. Butz challenges his conviction for endangering his children by knowingly and willfully allowing them to remain in a dwelling where he knew methamphetamine was possessed. He claims there was insufficient evidence to justify the jury's finding that the State proved the "knowingly and willfully" element of the crime beyond a reasonable doubt and the jury was not properly instructed on that element. Mr. Butz also contends the prosecutor committed...

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