Summary 2009 WY 95

Summary of Decision issued July 30, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Pryor v. State

Citation: 2009 WY 95

Docket Number: S-08-0230

Appeal from the District Court of Converse County, the Honorable John C. Brooks, Judge.

Representing Appellant Pryor: Diane M. Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel.

Representing Appellee State: Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Affie Ellis, Assistant Attorney General.

Facts/Discussion: Pryor was convicted by a jury of two counts of first degree sexual assault. On appeal, Pryor sought reversal of one of his convictions, claiming there was insufficient evidence to sustain the conviction.
The Court has repeatedly stated that sexual intercourse is accomplished in a legal sense if there is the slightest penetration of the genital organs of the female by the sexual organ of the male. The sexual assault nursing examiner testified that the victim’s injuries were consistent with the victim’s statements about the alleged sexual assault. In light of that, the Court had no trouble concluding the evidence in the case supported the jury’s finding of sexual intrusion.

Conclusion: The evidence at trial clearly and convincingly demonstrated the Department’s reasonable but unsuccessful rehabilitation efforts.

Affirmed.

J. Golden delivered the decision.

Link: http://tinyurl.com/kwfgq8 .

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