Dover v. State

Summary

The Supreme Court of Wyoming affirmed Gary Dover's conviction for knowingly possessing a controlled substance outside the authority of his pharmacist registration. The court held that the evidence was sufficient to support the conviction, that the statutory exception for registered practitioners was not unconstitutionally vague as applied, and declined to consider the defendant's claim that the proof varied from the information.

Holdings

1. Substantial evidence supported the finding that Dover knowingly possessed a controlled substance for a purpose outside the authority of his pharmacist registration, so the trial court properly denied the motion for judgment of acquittal.
2. The statutory provisions governing a registered pharmacist's possession of controlled substances were not unconstitutionally vague as applied to Dover's conduct.
3. The court did not reach the merits of the asserted variance because Dover failed to present precedent or a cogent argument supporting the contention.

Questions Presented

1. Whether substantial evidence supported Dover's conviction for knowingly possessing a controlled substance outside the authority conferred by his pharmacist registration.
2. Whether Wyoming Statutes section 35-7-1024(b), or the related statutory scheme governing registered pharmacists' possession of controlled substances, was unconstitutionally vague.
3. Whether the proof varied from the information because Dover was charged with possession but convicted on the basis that he acted outside his authority as a pharmacist.

Disposition

affirmed