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RATHBUN v. STATE

No. S-10-0245.

257 P.3d 29 (2011)

2011 WY 116

Warren Wayne RATHBUN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 8, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Diane M. Lozano , State Public Defender; Tina N. Olson , Appellate Counsel. Argument by Ms. Olson .

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

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

VOIGT, Justice.

[¶ 1] The appellant was convicted of attempted kidnapping and sentenced to life in prison. He appeals the denial of two pre-trial motions to dismiss, and raises two issues concerning sentencing. Finding no error, we affirm.

ISSUES

[¶ 2] 1. Was the appellant's prosecution for attempted kidnapping barred by the doctrine of double jeopardy due to his earlier guilty plea to battery?

2. Was the State barred by the doctrine...

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