Gutierrez v. State
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The Supreme Court affirmed Defendant's conviction of conspiracy to deliver a controlled substance and delivery of a controlled substance, holding that the State's introduced of unnoticed Wyo. R. Evid. 404(b) evidence and irrelevant evidence about Defendant's citizenship did not deny him his right to a fair trial.
Specifically, the Supreme Court held (1) even if the challenged evidence constituted Rule 404(b) evidence requiring the State to provide pretrial notice, the district court's admission of the evidence was not prejudicial; and (2) the admission of the irrelevant evidence concerning Defendant's citizenship did not demonstrate material prejudice, and Defendant did not identify anything to suggest that the verdict would have been different had the prosecutor not asked about Defendant's citizenship.
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