Friday, May 10, 2013

Summary 2013 WY 58

Summary of Decision May 10, 2013

Justice Burke delivered the opinion for the Court. Reversed and Remanded.


Docket Number: S-12-0195


Appeal from the District Court of Campbell County, the Honorable Dan R. Price, II, Judge

Representing Appellant: Diane M. Lozano, State Public Defender; Tina N. Olson, Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel. Argument by Mr. Morgan.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Meri V. Geringer, Senior Assistant Attorney General; Theodore R. Racines, Senior Assistant Attorney General. Argument by Ms. Geringer.

Date of Decision: May 10, 2013

Facts: Appellant, Daniel Walker, challenged his conviction for felony stalking, in violation of Wyo. Ann. Stat. § 6-2-506(e)(iv). He contended that the amended information did not allege facts sufficient to constitute the offense of felony stalking and did not adequately inform him of the charges against him. Appellant also claimed that the jury was not properly instructed with respect to the intent element of the crime, resulting in plain error.

Issues: Appellant presents the following issues:

1. Did the trial court abuse its discretion when it allowed the State to amend the felony information?

2. Was Mr. Walker denied his constitutional right to adequate notice of the charge he must defend against, as provided for under the federal and the Wyoming Constitutions, and the Wyoming Rules of Criminal Procedure?

3. Did plain error result when the trial court provided a confusing and misleading jury instruction which combined two of the elements of stalking and instructed the jury that both of those elements were met upon the State establishing a combination of certain actions by Mr. Walker?

The State phrases the issues in a substantially similar manner.

Holdings: The Court found no error in the district court’s decision permitting the State to amend the information and also conclude that Appellant was adequately informed of the charges. The Court agreed, however, with Appellant’s contention that the jury was not properly instructed regarding the elements of the crime. As a result, the Court reversed and remanded for a new trial.

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

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