Thomas v. State

LEHMAN, Justice.

[T1] Darin Dewayne Thomas (Thomas) appeals the judgment and sentence imposed upon his conviction of one count of possession with the intent to deliver cocaine, in violation of Wyo. Stat. Ann. §§ and 35-7-1016(b)(iv) (LexisNexis 2001) 1 Thomas claims, among other things, that the court erred in failing to give a lesser-included offense instruction on possession of a controlled substance. Finding such error, we reverse.

ISSUES

[12] Thomas presents three issues for our consideration:

I. Whether the trial court committed reversible error when it refused to instruct the jury on the…