Warner v. State

GUTHRIE, District Judge.

Barbara K. Warner appeals from a conviction of delivery of a controlled substance, in violation of Wyo.Stat. § 35 — 7—1031(a)(ii) (1994). On appeal, she asserts the trial court erred by denying her motion for mistrial and by permitting the jury to listen to a tape recording of the drug sale that was the basis of her conviction. We reject both of her arguments and affirm the trial court’s decision.

FACTS

Warner was arrested as the result of selling three quarters of an ounce of marijuana to Valerie Thomas, a confidential drug informant, on December 1, 1993. The Division…