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TEMEN v. STATE

No. S-08-0071.

201 P.3d 1139 (2009)

2009 WY 25

Bryan Allan TEMEN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 24, 2009.

Attorney(s) appearing for the Case

Representing Appellant: Diane M. Lozano, Wyoming State Public Defender; and Tina N. Kerin, Appellate Counsel.

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.

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

HILL, Justice.

[¶ 1] Appellant, Bryan Temen (Temen), was convicted of robbery and misdemeanor credit card fraud. He appeals those convictions asserting that the district court erred in allowing amendment of the information during trial. Temen was originally charged with felony credit card fraud, but the evidence presented at trial fell short of the $1,000.00 felony level, and the district court permitted amendment of the information to the misdemeanor level....

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