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CAROTHERS v. STATE

No. S-07-0240.

185 P.3d 1 (2008)

2008 WY 58

Ladonna J. CAROTHERS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 29, 2008.

Attorney(s) appearing for the Case

Representing Appellant: Nicholas H. Carter and Miles A. Jacoby of The Nick Carter Law Firm, P.C., Gillette, Wyoming. Argument by Mr. Carter.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Jenny L. Craig, Assistant Attorney General. Argument by Ms. Craig.

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

VOIGT, Chief Justice.

The appellant was convicted of aggravated homicide by vehicle after she caused the death of a ten-year-old girl in a motor vehicle collision in Gillette, Wyoming. The conviction was premised on the dual theories of driving with a blood-alcohol concentration in excess of 0.08%, and driving while under the influence of alcohol to a degree that rendered her incapable of safely driving. See Wyo. Stat. Ann. § 6-2-106(b) (LexisNexis 2007...

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