Thomas v. State

KITE, Justice.

[¶ 1] A jury convicted Francis Thomas of one count of aggravated assault and battery in violation of Wyo. Stat. Ann. § 6 — 2—502(a)(i) (LexisNexis 2005) and found him to be an habitual criminal under Wyo. Stat. Ann. § 6-10-201(a)(i) and (ii) (LexisNexis 2005). He appealed, claiming the trial court erred when it denied his motions for mistrial based upon the State’s discovery violations and improper use of W.R.E. 404(b) evidence. He also claimed plain error occurred when the State argued battered woman syndrome in closing argument and presented irrelevant victim impact testimony.…