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WALKER v. STATE

No. S-11-0103.

267 P.3d 1107 (2012)

2012 WY 1

Daniel Brian WALKER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

January 4, 2012.

Attorney(s) appearing for the Case

Representing Appellant: Diane M. Lozano , State Public Defender; Tina N. Olson , Appellate Counsel; David E. Westling , Senior Assistant Appellate Counsel. Argument by Mr. Westling .

Representing Appellee: Gregory A. Phillips , Wyoming Attorney General; Terry L. Armitage , Deputy Attorney General; D. Michael Pauling , Senior Assistant Attorney General; Stewart M. Young , Faculty Director, Prosecution Assistance Program, Joshua B. Taylor , Student Director, and Callan Riedel , Student Intern. Argument by Ms. Riedel .

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

VOIGT, Justice.

[¶ 1] The appellant, Daniel Brian Walker, was convicted of felony stalking as a result of an encounter with his ex-wife in violation of a permanent order of protection. Conviction for stalking requires proof beyond a reasonable doubt that the defendant "engage[d] in a course of conduct reasonably likely to harass." Wyo. Stat. Ann. § 6-2-506(b) (LexisNexis 2011). At trial, the jury was given conflicting and misleading instructions with regard...

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