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Galbreath v. State

Supreme Court of Wyoming

March 27, 2015

SCOTT A. GALBREATH, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Albany County. The Honorable Jeffrey A. Donnell, Judge.

Representing Appellant: Office of the State Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Patricia L. Bennett, Assistant Appellate Counsel. Argument by Ms. Bennett.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Darrell D. Jackson, Faculty Director, A. Walker Steinhage, Student Director, and Charity N. Payton, Student Intern, of the Prosecution Assistance Program. Argument by Ms. Payton.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

OPINION

Page 17

FOX, Justice.

[¶1] A jury convicted Scott A. Galbreath of sexual abuse of a minor in the second degree in violation of Wyo. Stat. Ann. § 6-2-315(a)(i). On appeal, Mr. Galbreath contends that he received ineffective assistance of counsel based on a number of alleged errors committed by Mr. Galbreath's trial attorney during the course of the proceedings below.

Page 18

We find that Mr. Galbreath suffered no prejudice, and affirm the judgment and sentence of the district court.

ISSUE

[¶2] 1. Did Mr. Galbreath's trial counsel provide ineffective assistance?

FACTS

[¶3] Mr. Galbreath was arrested and charged with sexual abuse of a minor in the second degree in violation of Wyo. Stat. Ann. § 6-2-315(a)(i) (LexisNexis 2013) in May 2013. The felony information alleged that

on or between February 1, 2013 to April 15, 2013, . . . [Mr. Galbreath] did commit the offense of sexual abuse of a minor in the second degree. . . in that [Mr. Galbreath], who is twenty-nine (29) years of age, did during said range of dates inflict sexual intrusion on a victim (S.V.), who was fifteen (15) years of age, and S.V. is at least four (4) years younger than [Mr. Galbreath].

The court appointed a public defender, but Mr. Galbreath later retained private counsel to defend him. A jury found him guilty, and the district court sentenced him to ten to eighteen years with credit for time served. Mr. Galbreath timely filed this appeal alleging ineffective assistance of counsel. Additional facts will be ...


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