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SIX v. STATE

No. S-07-0199.

180 P.3d 912 (2008)

2008 WY 42

Brent Lee SIX, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 9, 2008.

Attorney(s) appearing for the Case

Representing Appellant: Diane Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel; and David E. Westling, Senior Assistant Appellate Counsel. Argument by Mr. Westling.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Graham M. Smith, Assistant Attorney General. Argument by Mr. Smith.

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

HILL, Justice.

[¶ 1] Appellant, Brent Lee Six (Six), appeals from the district court's judgment and sentence which found him guilty of escape. Six contends that the State erred in failing to afford him an initial appearance within 72 hours of his arrest, as required by W.R.Cr.P. 5(a), and that circumstance requires dismissal of the charges against him. In addition, he contends that the district court erred in instructing the jury as to the intent element of the...

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