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CERCY v. STATE

S-19-0099.

455 P.3d 678 (2019)

2019 WY 131

Tony Scott CERCY, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 27, 2019.

Attorney(s) appearing for the Case

Representing Appellant: H. Michael Bennett , Bennett Law Group, P.C., Cheyenne, Wyoming; Sean Connelly , Connelly Law, LLC, Denver, Colorado. Argument by Mr. Connelly.

Representing Appellee: Bridget Hill , Attorney General; Jenny Craig , Deputy Attorney General; Christyne Martens , Senior Assistant Attorney General; Benjamin Fischer , Assistant Attorney General. Argument by Mr. Fischer.

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

[¶1] After his first jury trial ended in not-guilty verdicts on two counts and a mistrial on the third count, the jury in a second trial found Tony Cercy guilty of third-degree sexual assault. Mr. Cercy appeals his conviction claiming the second trial violated the constitutional prohibition against double jeopardy. We reverse...

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