Summary 2013 WY 4

Summary of Decision January 11, 2013

Justice Davis delivered the opinion for the Court. Affirmed.

Case Name: CARLOS YAMMON PENA v. THE STATE OF WYOMING

Docket Number: S-12-0072

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

Appeal from the District Court of Sheridan County, Honorable John G. Fenn, Judge.

Representing Appellant: Scott Powers, Attorney at Law, Cheyenne, Wyoming.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Prof. Darrell D. Jackson, Faculty Director; Emily N. Thomas, Student Director, and Madison M. Brown, Student Intern, of the Prosecution Assistance Program.

Date of Decision: January 11, 2013

Facts: Appellant Carlos Yammon Peña was convicted of felony larceny after taking a pickup truck without the owner’s permission. After the verdict was returned and accepted, but before sentencing, he moved for a new trial. He alleged that members of the venire and/or the jury overheard conversations between the State’s witnesses, and that the information to which they were exposed tainted and prejudiced them. The district court denied his motion, finding that he had waived his right to ask for a new trial by failing to bring the alleged communications with jurors or potential jurors to the court’s attention during trial. On appeal, he challenged that ruling and also contended that there was insufficient evidence of his intent to deprive the owner of the truck of that property as required for a conviction of larceny.

Issues: 1. Is the evidence in the record sufficient to support Mr. Peña’s conviction for felony larceny?

2. Did the trial court err as to the applicable law or abuse its discretion in denying Mr. Peña’s motion for a new trial on the ground that he waived his challenge by failing to raise it during trial?

Holdings: The jury heard evidence sufficient to establish beyond a reasonable doubt that Mr. Peña took the truck in question with the requisite intent to deprive its owner of his property. The district court correctly concluded that any challenge based on the jury’s exposure to improper information was waived because it could have been raised at trial and was not. Affirmed.

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

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