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LEYVA v. STATE

No. 03-187.

106 P.3d 873 (2005)

2005 WY 22

Martin LEYVA, Sr., Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 25, 2005.

Attorney(s) appearing for the Case

Representing Appellant: Kenneth M. Koski, State Public Defender; Donna D. Domonkos, Appellate Counsel; and Ryan R. Roden, Senior Assistant Appellate Counsel. Argument by Mr. Roden.

Representing Appellee: Patrick J. Crank, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Dee Morgan, Senior Assistant Attorney General. Argument by Ms. Morgan.

Before HILL, C.J., and GOLDEN, VOIGT, and BURKE, JJ., and YOUNG, D.J.

YOUNG, District Judge.

[¶ 1] This is an appeal from the judgment finding appellant Martin David Leyva, Sr. (Leyva) guilty of possession of a controlled substance, marijuana, with intent to deliver in violation of Wyo. Stat. Ann. § 35-7-1031(a)(ii) (LexisNexis 2003).1 Leyva argues that there was insufficient evidence to convict him, the jury was improperly instructed, and his counsel...

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