Crabtree v. State

2005 WY 62, 112 P.3d 618, 2005 WL 1309082
CourtWyoming Supreme Court
DecidedJune 3, 2005
Docket04-13
StatusPublished
Cited by5 cases

This text of 2005 WY 62 (Crabtree v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crabtree v. State, 2005 WY 62, 112 P.3d 618, 2005 WL 1309082 (Wyo. 2005).

Opinion

GOLDEN, Justice.

[¶ 1] Ollie Jenning Crabtree was convicted of battery against a household member, a third offense felony under Wyo. Stat. Ann. § 6-2-501(b) and (f)(ii) (LexisNexis 2003). Crabtree appeals the judgment and sentence related to that conviction. He claims the district court failed to properly instruct the jury and that the district court abused its discretion when it banished (“sundowned”) him from Natrona County. We affirm the conviction and reverse the sentence for the district court to strike the banishment term.

ISSUES

[¶ 2] Crabtree advances two issues on appeal:

1) Whether .the district court failed to properly instruct the jury.
2) Whether the trial court abused its sentencing discretion when it effectively “sun-downed” Mr. Crabtree from Natrona County.

The State rephrases the issues as:

1) Is Appellant entitled to reversal of his conviction because of the district court’s response to a question posed by the jury during deliberations?
2) Did the district court abuse its discretion in sentencing Appellant?

FACTS

[¶ 3] Crabtree and the victim had an on and off relationship for approximately four years. The relationship was often contentious, and at times Crabtree physically injured the victim. In fact, the incident that led to the instant charges occurred when Crabtree was 'awaiting sentencing on a prior battery committed against the victim. At that time, Crabtree was prohibited by court order from having contact with the victim. Nevertheless, Crabtree failed to comply with this no contact order and resumed a relationship with the victim.

[¶ 4] Once again the couple’s relationship was filled with contention. On March 26, 2003, Crabtree spent most of the day at the victim’s apartment where the couple argued. In part, Crabtree was displeased about his legal problems and was angry with the victim at the possibility of serving time in jail for the prior instance of battery. After arguing for some time, the victim asked Crabtree to leave her apartment, and Crabtree did so.

[¶ 5] The next day Crabtree returned to the victim’s apartment, where the two resumed their argument. At some point, Crab-tree followed the victim downstairs to her bedroom, pushed her down on the bed, and bit the victim on the side of her neck. When the victim began crying and asked him to stop, Crabtree did so. However, he then pounded and rubbed his knuckles on her chest giving her a “red chest.” Following the “red chest,” Crabtree bit the other side of the victim’s neck until she once again cried and asked him to stop.

[¶ 6] At that point, Crabtree returned upstairs. . The victim followed Crabtree hoping to escape out the door. When Crabtree opened the door, the victim tried to sneak *620 out. She was unable to do so because Crab-tree pushed her against the wall in the entryway and then tried to drag her back downstairs. The victim grabbed the railing to prevent this from happening and began to scream for help.

[¶ 7] The victim’s neighbor heard the screams and came to the victim’s door. As the neighbor neared the door, Crabtree opened it and left. The neighbor convinced the victim to call the police, and they came to investigate. On March 28, 2003, a criminal information was filed charging Crabtree with one count of battery against a household member. A jury trial commenced on July 14, 2003. During the course of its deliberations the jury sent a note to the district court asking if it could (1) have a copy of the police report; and (2) consider Crabtree’s presence in the victim’s apartment as unlawful for the purposes of Jury Instruction No. 7. After conferring with counsel, the district court informed the jury that it had to rely on the testimony, exhibits, and instructions presented at trial. A short time later the jury returned a verdict finding Crabtree guilty.

[¶ 8] After reviewing a presentence investigation report, the district court sentenced Crabtree to a term of imprisonment of eighteen to twenty-four months and ordered that the sentence be served consecutively to the sentence previously imposed for .the earlier battery conviction. In addition, the court requested that the sentencing order reflect the court’s recommendation that Crabtree not be allowed to return to Natrona County. This recommendation was incorporated into the order. Crabtree now appeals.

STANDARD OF REVIEW

[¶ 9] The trial court has the duty to instruct the jury on the general principles applicable' in the case and is given wide latitude to do so. Reversible error will not be found as long as the instructions when viewed as a whole and in the context of the entire trial fairly and adequately cover the issues. Glenn v. State, 2003 WY 4, ¶ 18, 61 P.3d 389, ¶ 18 (Wyo.2003); see also Mueller v. State, 2001 WY 134, ¶ 9, 36 P.3d 1151, ¶ 9 (Wyo.2001). Additionally, we review the trial court’s sentencing decisions for an abuse of discretion. Manes v. State, 2004 WY 70, ¶ 9, 92 P.3d 289, ¶ 9 (Wyo.2004), A trial court abuses its discretion when it acts beyond the scope of its authority and imposes a sentence that is illegal. Strickland v. State, 2004 WY 91, ¶¶ 37-38, 94 P.3d 1034, ¶¶ 37-38 (Wyo. 2004). “An illegal sentence is one that exceeds statutory limits, imposes multiple terms of punishment for the same offense, or otherwise violates constitutions or the law.” Id. at ¶ 36.

DISCUSSION

[¶ 10] Crabtree argues that the district court erred when it failed to further instruct the jury in light of the jury’s question regarding the term “unlawfully” as used in Instruction No. 7. Instruction No. 7 reads:

The elements of the crime of Battery, as charged in this case, are:
1. On or about the 27th day of March, 2003;
2. In the County of Natrona, and State of Wyoming
3. The Defendant, Ollie Jenning Crab-'tree;
4. Unlawfully touch [sic] another, [victim]
5. A household member
6. In a rude, insolent or angry manner. OR
4. Intentionally, knowingly, or recklessly;
5. Cause [sic] bodily injury to another, [victim]
6. A household member.
If you find from your consideration of all the evidence that each of these elements has been proved beyond a reasonable doubt, then you should find the Defendant guilty.
If, on the other hand, you find from your consideration of all the evidence that any of these elements has not been proved beyond a reasonable doubt, then you should find the Defendant not guilty.

After reviewing the jury’s question and discussing it with counsel, the district court ultimately decided to refer the jury back to *621 the evidence and the instructions previously provided.

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Bluebook (online)
2005 WY 62, 112 P.3d 618, 2005 WL 1309082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crabtree-v-state-wyo-2005.