Wyoming Supreme Court

Maro Saldana, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)

January 28, 19931993 Wyo. LEXIS 26

Summary

The court affirmed Saldana’s conviction for possession of cocaine with intent to deliver, holding that telephone toll records obtained through a federal investigative subpoena did not constitute a search under the Fourth Amendment or an interception under Wyoming’s communications statute. It also held that the agent’s testimony assisted the jury rather than impermissibly opining on guilt or credibility, that papers from Saldana’s dresser were circumstantial evidence rather than hearsay, and that the admissible evidence was sufficient to establish constructive possession and intent to deliver. Justice Urbigkit, dissenting, would have recognized greater protection under the Wyoming Constitution and excluded the telephone records and related evidence.