Summary 2010 WY 81

Summary of Decision issued June 23, 2010

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

Case Name: Masias v. State

Citation: 2010 WY 81

Docket Number: S-09-0131

Appeal from the District Court of Laramie County, the Honorable Michael K. Davis, Judge.

Representing Masias: Diane M. Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel.

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

Facts/Discussion: Manuel Masias was charged with one count of first degree sexual assault and three counts of battery. The jury found him guilty of first degree sexual assault and one count of battery.

Sufficiency of the evidence: Masias contended that a jury could not find that he caused “submission of the victim or that he caused submission by both “physical force:” and “forcible confinement.” The instruction provided alternative bases for conviction and a general verdict form was used. After reviewing the testimony the Court determined there was sufficient evidence to support a finding that Masias caused submission of the victim through application of physical force and through application of forcible confinement. Additionally, the Court previously recognized in Lewis that in determining whether forcible confinement was established, a jury may consider the dynamics of the relationship of the assailant and his victim.
Jury question: The jury requested a dictionary to look up the definition of “submission” during deliberations. The Court conferred with counsel and all agreed that the jury should not be provided a dictionary. The Court reverses a district court’s decision only if it is so plainly erroneous that the judge should have noticed and corrected the mistake even though the parties failed to raise the issue. Wyoming case law indicates that providing the jury with a dictionary is not appropriate. The Court noted Rocky Mountain Trucking Co. v. Taylor and Zanetti Bus Lines, Inc. v. Logan.

Conclusion: There was sufficient evidence to support the jury’s conclusion that Masias found he caused submission of the victim through application of physical force and through application of forcible confinement. A jury may consider the dynamics of the relationship of the assailant and his victim. A district court is not required to define a statutory term unless the term has a technical or legal meaning different than its common meaning. Masias did not establish the likelihood of a more favorable verdict had the word “submission” been defined.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/2uenwon .

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