Summary 2012 WY 106

Summary of Decision August 7, 2012

Justice Voigt delivered the opinion for the Court. Reversed.

Case Name: CONNIE MARIE POWELL v. THE STATE OF WYOMING

Docket Number: S-11-0094

URL: http://www.courts.state.wy.us/Opinions.aspx

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

Representing Appellant: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel. Argument by Ms. Olson.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Jeffrey S. Pope, Assistant Attorney General. Argument by Mr. Pope.

Date of Decision: August 7, 2012

Facts: This was an appeal from a larceny conviction. Because there was insufficient evidence to prove beyond a reasonable doubt that the appellant committed larceny, the Court reversed.

Issues: The appellant raised four issues in this appeal, but the Court resolved only the single dispositive issue: was the evidence sufficient for a reasonable jury to find beyond a reasonable doubt that the appellant committed larceny?

Holdings: The appellant was charged with larceny, which crime as defined in the Wyoming Statutes, requires a trespassory taking in the common law sense. The State did not prove that element of the crime; therefore, the Court reversed.

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

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