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NICKELS v. STATE

No. S-14-0245.

351 P.3d 288 (2015)

2015 WY 85

Timothy S. NICKELS, Appellant (Defendant), v. The STATE of Wyoming, Appellee Plaintiff.

Supreme Court of Wyoming.

June 16, 2015.

Attorney(s) appearing for the Case

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

Representing Appellee: Peter K. Michael , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; Jenny L. Craig , Senior Assistant Attorney General. Argument by Ms. Craig.

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

[¶1] Timothy S. Nickels was convicted by a jury of strangulation of a household member. He claims the district court erred by refusing to instruct the jury on the lesser included offense of battery. We conclude the district court properly refused the lesser included offense instruction...

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