third degree

In December 2019, the Wyoming Supreme Court dismissed the November 2018 verdict of third-degree sexual assault.

CHEYENNE -- The second trial of former Casper businessman Tony Cercy in November, in which he was convicted of third-degree sexual assault and sentenced to a six- to eight-year prison term, violated his Fifth Amendment right to not be tried twice for the same crime, his attorney told the Wyoming Supreme Court on Tuesday...

After the judge declared the mistrial on the third-degree sexual assault count, the victim asked District Attorney Michael Blonigen to retry the case.

The jury's decision boils down to whether the prosecution has proved its case beyond a reasonable doubt to convict Tony Cercy -- who is presumed innocent.