E. JAMES BURKE, CHIEF JUDGE.
[¶1] This matter came before the Court upon a ” Stipulated Motion to Reverse and Remand,” e-filed herein August 18, 2016. After a careful review of the motion and the file, this Court finds as follows. After a jury trial, Appellant was convicted of one count of second-degree murder. Wyo. Stat. Ann. § 6-2-104. In the stipulated motion, the parties submit that Appellant’s conviction should be reversed because the jury was given a ” flight” instruction, contrary to Hadden v. State, 2002 WY 41, 42 P.3d 495 (Wyo. 2002). There, this Court wrote:
378 P.3d 310
We will affirm. However, we will also hold that after the publication of this opinion in the advance sheets of Pacific Reporter Third, the giving of a flight instruction in a criminal case will constitute reversible error, though the prosecution may still prove up and argue flight as a circumstance from which guilt may be inferred.
Id., ¶ 2, 42 P.3d at 496. In his brief, Appellant contends his conviction should be reversed based on the quoted precedent. The State of Wyoming agrees. This Court agrees as well. It is, therefore,
[¶2] ORDERED that the ” Judgment Upon Guilty Verdict of Jury” entered in this matter on December 16, 2015, and the ” Sentence” entered on March 11, 2016, be, and hereby are, reversed and vacated. This matter is remanded to the district court for proceedings consistent with this order.
[¶3] DATED this 31st day of August, 2016.