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GARNICA v. STATE

No. S-10-0233.

253 P.3d 489 (2011)

2011 WY 85

Kerry John GARNICA, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 26, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Diane Lozano , State Public Defender; Tina N. Olson , 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; Meri Geringer , Senior Assistant Attorney General; and Justin A. Daraie , Assistant Attorney General. Argument by Ms. Geringer.

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

HILL, Justice.

[¶ 1] After two episodes of domestic violence against his ex-wife, Kerry Garnica was charged with two counts of unlawfully touching a household member for a third or subsequent time in the past ten years, in violation of Wyo. Stat. Ann. § 6-2-501(b) and (f)(ii) (LexisNexis 2007). After a jury trial, the jury found Garnica guilty of both counts. Before sentencing, however, the court allowed the State to amend its Information by correcting the...

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