Summary 2009 WY 91

Summary of Decision issued July 15, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Britton v. State

Citation: 2009 WY 91

Docket Number: S-08-0179

Appeal from the District Court of Uinta County, the Honorable Dennis L. Sanderson, Judge.

Representing Appellant Britton: Diane M. Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel; Kirk Morgan, Senior Assistant Appellate Counsel.

Representing Appellee State: Bruce A. Salzburg, Attorney General; Terry Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Cathleen D. Parker, Senior Assistant Attorney General.

Facts/Discussion: Britton was convicted of involuntary manslaughter for the suffocation death of his girlfriend’s daughter. Before trial, the district court ruled that evidence of bruising on the child’s body would not be admissible. At trial, however, a medical report (Exhibit 10) that included references to bruising was admitted into evidence without objection. Britton challenged the admission of the information into evidence. Britton also challenged a provision of his written sentence ordering him to pay public defender fees. Britton contended that the provision was invalid because it was contrary to the district court’s oral ruling.
To determine whether the introduction of Exhibit 10 resulted in material prejudice, the Court reviewed the sort of unfairly prejudicial evidence that is inadmissible under W.R.E. 404(b). Exhibit 10 consisted of twenty-four pages of medical notes, within which were five references to bruises on the child’s body. Neither the prosecution nor the defense made note of the references. There was no evidence put to the jury that the bruises were the result of spanking or child abuse. There was no evidence presented to the jury that Britton spanked the child. Britton acknowledged that he wrapped the child in a blanket and that he was aware of the danger that wrapping a child’s head in a blanket could result in suffocation.
During the sentencing hearing, the district court clearly and expressly stated that Britton lacked the ability to pay the fees and that he would not be ordered to do so. The written judgment and sentence provided that he would.

Conclusion: The jury was presented with ample evidence that Britton involuntarily but recklessly caused the death of the child. The Court remanded the case to the district court to correct the written judgment to conform with the oral ruling.

Affirmed in part, remanded in part.

J. Burke delivered the decision.

Link: http://tinyurl.com/lkcbw9 .

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