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SCOTT v. STATE

No. 92-172.

856 P.2d 447 (1993)

Danny Lee SCOTT, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

July 15, 1993.

Attorney(s) appearing for the Case

Wyoming Public Defender Program, Leonard D. Munker, State Public Defender, Mike Cornia, Deputy Public Defender, Cheyenne, and Defender Aid Program, Gerald M. Gallivan and Thomas R. Raynes, Student Intern, Laramie, for appellant.

Joseph B. Meyer, Atty. Gen., Sylvia L. Hackl, Deputy Atty. Gen., Barbara L. Boyer, Sr. Asst. Atty. Gen., Cheyenne, and Prosecution Assistance Program, Theodore E. Lauer, Director, and Carol Watson, Student Intern, Laramie, for appellee.

Before MACY, C.J., and THOMAS, CARDINE, GOLDEN and TAYLOR, JJ.

GOLDEN, Justice.

Appellant Danny Lee Scott was convicted in July of 1992 of burglary and aggravated assault and battery in violation of WYO. STAT. § 6-3-301(a) and § 6-2-502(a)(ii) (1988). Appellant raises two issues on appeal:

I. Can one commit burglary in violation of Wyo.Stat. § 6-3-301(a) by entering or remaining in an unoccupied vehicle where a person may not reasonably be expected to be present? II. Was the Appellant denied...

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