Summary 2010 WY 44

Summary of Decision issued April 16, 2010

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

Case Name: Jones v. State

Citation: 2010 WY 44

Docket Number: S-08-0281

Appeal from the District Court of Campbell County, the Honorable John R. Perry, Judge.

Representing Jones: Michael H. Reese of Michael Henry Reese, PC, Cheyenne, Wyoming.

Representing State: Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Jenny L. Craig, Assistant Attorney General.

Facts/Discussion: Following a jury trial, Jones was convicted of second degree sexual abuse of a child and sentenced to a term of imprisonment of five to fifteen years.

Motion for judgment of acquittal: Jones contended the district court should have considered the rule articulated in Eagan v. State and the corpus delicti rule in evaluating the adequacy of the State’s evidence. The Eagan rule applies only to testimony by the accused. In the instant case, Jones did not testify and was not the sole witness to the criminal event as the rule mandates. Jones was incorrect in his assumption that insufficient evidence existed beyond Jones’ statement given to the detective. Testimony was also provided by the victim and the victim’s mother.
Sufficiency of the evidence: Jones contended the evidence was insufficient to support the jury’s determination that he touched the victim’s intimate parts with the intention of sexual arousal, gratification or abuse. The Court reviewed the testimony of the victim, his mother and the detective. Although there was no direct testimony that Jones had touched RH’s genitals, the facts could have led the jury to reasonably infer that he had done so with the intent of becoming sexually aroused.
Ineffective assistance of counsel: Jones faulted counsel with failing to request a jury instruction incorporating the Eagan rule and failing to request a bill of particulars to clarify the facts underlying the criminal charge. As the Eagan rule was not applicable, an Eagan instruction would not have been appropriate. Jones failed to explain how a bill of particulars would have altered or significantly aided the defense strategy which was a general denial of any wrongdoing.

Conclusion: The Court agreed there was sufficient evidence for the case to be submitted to the jury. The Court concluded the evidence was sufficient to support the jury’s guilty verdict. The Court found Jones had not shown that defense counsel rendered constitutionally ineffective assistance.

Affirmed.

J. Golden delivered the decision.

Link: http://tinyurl.com/y5r5tok .

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