Raigosa v. State , 1977 Wyo. LEXIS 246 ( 1977 )

ROSE, Justice,

specially concurring, in which McCLINTOCK, Justice, joins.

I can concur with the majority opinion, with the following exception:

Once again the court, out of hand, discards the defendant’s Federal constitutional right of appeal, even though in all respects properly preserved.

I can only say again that I am violently opposed to what I consider to be this arbitrary and unauthorized appellate practice of this court. See Justice McCLINTOCK’S concurring opinion in Richmond v. State, Wyo., 554 P.2d 1217, in which I joined with a detailed separate concurring opinion on the subject. See also my special concurrence in Dodge v. State, Wyo., 562 P.2d 303 (decided March 24, 1977).