Popkin v. State
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The Supreme Court affirmed Defendant’s conviction of two counts of second degree sexual assault by a person in a position of authority, in violation of Wyo. Stat. Ann. 6-2-303(a)(vi), holding that Defendant’s no-contest pleas waived the issue he raised on appeal.
Defendant pleaded no contest to two charges of second degree sexual assault. On appeal, Defendant argued that the facts alleged in this case did not constitute a crime because a clinical psychologist is not in a position of authority as that term is used in the applicable Wyoming criminal statute. The Supreme court affirmed the convictions and judgment of the district court, holding that, by pleading no contest, Defendant waived the right to challenge all the issues he raised on appeal.
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