RODRIGUEZ v. STATE

S-18-0083.

435 P.3d 399 (2019)

2019 WY 25

Rogelio RODRIGUEZ, Jr., Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 5, 2019.


Attorney(s) appearing for the Case

Representing Appellant: Office of the State Public Defender: Diane Lozano , Wyoming State Public Defender; Kirk A. Morgan , Chief Appellate Counsel; Christopher Humphrey , Assistant Appellate Counsel. Argument by Mr. Humphrey.

Representing Appellee: Peter K. Michael , Wyoming Attorney General; Christyne M. Martens , Deputy Attorney General; Caitlin F. Harper , Senior Assistant Attorney General; Darrell D. Jackson , Faculty Director, Catherine M. Mercer , Student Director, and Ellen H. Lee , Student Intern, of the Prosecution Assistance Program. Argument by Ms. Lee.

Before DAVIS, C.J., and BURKE, FOX, KAUTZ, and BOOMGAARDEN, JJ.


[¶1] A jury convicted Rogelio Rodriguez, Jr. of delivery of a controlled substance. On appeal, he claims his right to due process was violated when the district court admitted into evidence a witness identification that was based on a single photo, rather than a photo array. We conclude that because Mr. Rodriguez did not...

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