Crabtree v. State

GOLDEN, Justice.

[¶ 1] Ollie Jenning Crabtree was convicted of battery against a household member, a third offense felony under Wyo. Stat. Ann. § 6-2-501(b) and (f)(ii) (LexisNexis 2003). Crabtree appeals the judgment and sentence related to that conviction. He claims the district court failed to properly instruct the jury and that the district court abused its discretion when it banished (“sundowned”) him from Natrona County. We affirm the conviction and reverse the sentence for the district court to strike the banishment term.

ISSUES

[¶ 2] Crabtree advances two issues on appeal:

1) Whether .the…