Summary 2013 WY 13

Summary of Decision January 31, 2013


Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: LARRY EDWARD MAGNUS v. THE STATE OF WYOMING

Docket Number: S-12-0134

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Campbell County, Honorable Michael N. Deegan, Judge

Representing Appellant (Plaintiff/Defendant): Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel, Wyoming Public Defender Program.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; and Jeffrey Pope, Assistant Attorney General.

Date of Decision: January 31, 2013

Facts: A jury convicted Larry Magnus of conspiracy to obtain property by false pretenses, and the district court sentenced him to a prison term of eight to ten years. On appeal, Magnus challenges the admission of uncharged misconduct evidence and alleges prosecutorial misconduct in the State’s sentencing recommendation. We affirm.

Issues: Magnus presents the following issues on appeal: Did the district court abuse its discretion in admitting into evidence testimony of a prior incident where Mr. Magnus had solicited money in a similar manner under W.R.E. 404(b)? Did prosecutorial misconduct occur when the State argued undocumented allegations in a Memorandum in Respect of Sentencing?

Holdings: The Court found no abuse of discretion in the district court’s admission of uncharged misconduct evidence and no plain error in the sentencing proceedings. Affirmed.

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