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McDOWELL v. STATE

No. S-13-0058.

318 P.3d 352 (2014)

2014 WY 21

Delbert R. McDOWELL, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 11, 2014.

Attorney(s) appearing for the Case

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

Gregory A. Phillips , Attorney General; David L. Delicath , Deputy Attorney General; Jeffrey S. Pope , Assistant Attorney General; Darrell D. Jackson , Director, and David E. Singleton , Student Intern, University of Wyoming, College of Law, Prosecution Assistance Program. Argument by Mr. Singleton, Representing Appellee.

Before KITE, C.J., and HILL, VOIGT, and BURKE, JJ., and LAVERY, D.J.

LAVERY, District Judge.

[¶ 1] Delbert McDowell appeals his convictions on six counts of sexual abuse of a minor in the third degree under Wyo. Stat. Ann. § 6-2-316(a)(i) and one count of sexual abuse of a minor in the second degree under Wyo. Stat. Ann. § 6-2-315(a)(i). He claims the district court erred in holding that testimony he intended to rebut the State's W.R.E. 404(b) evidence was evidence of his character which opened the door to rebuttal by...

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