DAVES v. STATE

No. S-10-0135.

249 P.3d 250 (2011)

2011 WY 47

Donald Ray DAVES, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 14, 2011.


Attorney(s) appearing for the Case

Representing Appellant: Diane Lozano , State Public Defender, PDP; Tina Kerin, Appellate Counsel; Eric M. Alden , Senior Assistant Appellate Counsel. Argument by Mr. Alden.

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

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


KITE, Chief Justice.

[¶ 1] Donald Ray Daves was convicted after a jury trial of twelve counts involving the kidnapping and sexual assault of his wife (hereinafter referred to as "the victim"). On appeal, he challenges the district court's response to a jury question requesting a definition of "used a firearm" and claims he was denied his constitutional right to be present when the court provided supplemental instructions to the jury. He also argues that the evidence...

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