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MERCER v. STATE

No. S-11-0204.

273 P.3d 1100 (2012)

2012 WY 54

David Kenneth MERCER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 11, 2012.

Attorney(s) appearing for the Case

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

Representing Appellee: Gregory A. Phillips , Attorney General; David L. Delicath , Deputy Attorney General; D. Michael Pauling , Senior Assistant Attorney General; Stewart M. Young , Director, Joshua B. Taylor , Student Director, and Callan E. Riedel , Student Intern, Prosecution Assistance Program, University of Wyoming, College of Law.

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

BURKE, Justice.

[¶ 1] Pursuant to a plea agreement, David Kenneth Mercer pleaded no contest to three felony counts of sexual abuse of a minor. After he was sentenced, Mr. Mercer appealed, asserting that the prosecutor breached the plea agreement. We find no breach of the agreement and affirm.

ISSUE

[¶ 2] Mr. Mercer presents one issue: Did the State breach its plea agreement at sentencing when it misstated facts and argued for a harsh...

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