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MARQUESS v. STATE

No. S-10-0172.

256 P.3d 506 (2011)

2011 WY 95

Gary Dale MARQUESS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

June 17, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Diane M. Lozano , State Public Defender; Tina N. Kerin , Appellate Counsel; Kirk A. Morgan , Senior Assistant Appellate Counsel. Argument by Mr. Morgan .

Representing Appellee: Bruce A. Salzburg , Wyoming Attorney General; Terry L. Armitage , Deputy Attorney General; D. Michael Pauling , Senior Assistant Attorney General; Leda M. Pojman , Senior Assistant Attorney General; Stewart M. Young , Faculty Director, Prosecution Assistance Program; Jessica Y. Frint , Student Director, Prosecution Assistance Program. Argument by Ms. Frint .

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

VOIGT, Justice.

[¶ 1] Gary Marquess (the appellant) was tried and convicted by a jury of aggravated assault and battery, battery, kidnapping, and being a habitual criminal. The appellant appeals from the Judgment and Sentence, arguing that the district court abused its discretion when it admitted evidence of uncharged misconduct and prior consistent statements by the victim. We will affirm.

ISSUES

[¶ 2] The parties raise two issues in this...

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