Thursday, September 13, 2012

Summary 2012 WY 119

Summary of Decision September 10, 2012

Justice Voigt delivered the opinion for the Court. Affirmed.


Docket Number: S-11-0202

Appeal from the District Court of Albany County, Honorable Jeffrey A. Donnell, Judge

Representing Appellant (Plaintiff/Defendant): Elisabeth M. W. Trefonas, Assistant Public Defender, Jackson, Wyoming

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Stewart M. Young, Faculty Director, Joshua B. Taylor, Student Director, Kyle A. Ridgeway, Student Intern, Prosecution Assistance Program.

Date of Decision: September 10, 2012

Facts: The appellant, Richard Dean Youngberg, was convicted of one count of check fraud and was sentenced to seven to ten years of incarceration.  On appeal, the appellant claimed that the prosecutor committed misconduct when he told the jury in closing argument that the appellant was informed that there were problems with his checking account on March 17, 2010.  The appellant argued that the prosecutor’s statement was not consistent with the evidence presented at trial and, as a result, entitled to a new trial.

Issues: Did plain error occur when the prosecutor referred to the officer’s testimony regarding when the appellant was notified of problems with his checking account?

Holdings: Plain error did not occur when the prosecutor argued in his closing statement that the appellant was informed on March 17, 2010, of problems with his checking account, and despite that information, continued to write checks on the account.  This argument was consistent with the facts presented at the trial and, therefore, does not amount to prosecutorial misconduct.  The appellant’s conviction is affirmed.

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

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