Vaupel v. State

BROWN, Justice.

Appellant Virgil Vaupel was convicted by a jury of embezzlement by an employee, under § 6-7-310, W.S.1977. 1 The district court ruled at pretrial that Vaupel’s five prior felony convictions were admissible for impeachment purposes under Rule 609(b), Wyoming Rules of Evidence. Vaupel did not testify at trial. The jury found him guilty. Vaupel now challenges the propriety of the trial court’s pretrial ruling and raises the following issues:

“I. Whether Appellant, who elected not to testify during his trial, can preserve on appeal his challenge to the trial court’s ruling on a…