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CARTER v. STATE

No. S-11-0298.

282 P.3d 167 (2012)

2012 WY 109

Gary Lee CARTER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 9, 2012.

Attorney(s) appearing for the Case

Representing Appellant: Diane Lozano , State Public Defender; Tina N. Olson , Chief Appellate Counsel; and Kirk A. Morgan , Senior Assistant Appellate Counsel. Argument presented by Mr. Morgan.

Representing Appellee: Gregory A. Phillips , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; D. Michael Pauling , Senior Assistant Attorney General; Stewart M. Young , Faculty Director, Prosecution Assistance Program; Joshua Beau Taylor , Student Director; and Richard E. McKinnon , Student Intern. Argument presented by McKinnon.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

HILL, Justice.

[¶ 1] Gary Lee Carter was tried and convicted by a jury of a single felony charge of possessing, with intent to deliver, two grams of methamphetamine in violation of Wyo. Stat. Ann. § 35-7-1031. The court sentenced Carter to twelve to fifteen years in the Wyoming State Penitentiary. On appeal, Carter contends that plain error occurred when the prosecutor elicited expert witness testimony that Carter was guilty of being a drug dealer. Also...

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