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MARTINEZ v. STATE

No. S-08-0025.

199 P.3d 526 (2009)

2009 WY 6

James DeMasio MARTINEZ, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

January 23, 2009.

Attorney(s) appearing for the Case

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

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

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

HILL, Justice.

[¶ 1] Appellant, James Demasio Martinez (Martinez), challenges the district court's judgment and sentence for the crime of aggravated assault and battery.1 The victim of the battery was his girlfriend, Erica Duran (Duran), who was also the mother of his child. He asserts that the district court erred in denying his motion for judgment of acquittal, which was filed at the end of the presentation of the State's evidence...

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