Summary 2010 WY 55

Summary of Decision issued April 28, 2010

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

Case Name: Fuller v. State

Citation: 2010 WY 55

Docket Number: S-09-0169

Appeal from the District Court of Natrona County, the Honorable Scott W. Skavdahl, Judge.

Representing Appellant Fuller: Diane M. Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel; Eric M. Alden, Senior Assistant Appellate Counsel.

Representing Appellee State: Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Justin A. Daraie, Student Intern.

Facts/Discussion: Fuller appealed his conviction on a charge of felony property destruction. Fuller and his wife leased a house and garage in Casper. After an argument, Fuller drove his pickup through the garage door striking his wife’s car inside. He backed up the pickup and struck the car again damaging both the car and the garage.
Fuller contended the statute was ambiguous when applied to property in which a defendant has an ownership interest. Because the lease entitled him to sole possession of the garage at the time it was damaged, Fuller asserted that the garage could be considered his property as well as “property of another.” The Court concluded the language had only one reasonable interpretation. The garage was “property”, the landlords were “another” and they had a property interest in the garage.
The Court also rejected Fuller’s suggestion that his conviction was improper because his insurance company reimbursed the landlord. Nothing in the language of the statute indicates that paying for the damages is a defense to the charged crime.

Conclusion: The Court concluded the statutory language was not ambiguous. The language of the statute did not indicate that paying for damage done was a defense to the charged crime.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/297y3hp .

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