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HUTCHINSON v. STATE

No. S-12-0034.

290 P.3d 174 (2012)

2012 WY 155

Donald Paul HUTCHINSON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 13, 2012.

Attorney(s) appearing for the Case

Representing Appellant: Elisabeth M.W. Trefonas , Assistant Public Defender, Jackson, WY.

Representing Appellee: Gregory A. Phillips , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; Theodore R. Racines , Senior Assistant Attorney General; and Jeffrey Pope , Assistant Attorney General.

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

HILL, Justice.

[¶ 1] Donald Hutchinson was convicted of one count of sexual abuse of a minor in the second degree. On appeal, he contends that the victim was incompetent to testify and that the district court improperly denied his Motion for Judgment of Acquittal. We will affirm.

ISSUES

[¶ 2] Hutchinson presents two issues:

1. Because the competency of the child witness was not properly examined and she was not competent to testify...

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