In the Interest of KP v. State

2004 WY 165, 102 P.3d 217, 2004 WL 2913221
CourtWyoming Supreme Court
DecidedDecember 16, 2004
DocketC-04-6
StatusPublished
Cited by25 cases

This text of 2004 WY 165 (In the Interest of KP 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
In the Interest of KP v. State, 2004 WY 165, 102 P.3d 217, 2004 WL 2913221 (Wyo. 2004).

Opinion

GOLDEN, Justice.

[11] KP appeals from an order adjudicating him delinquent and the corresponding order of disposition. Finding that KP's adjudication was based upon one allegation that was determined pursuant to an inaccurate application of a statute, we remand the case for the entry of a new order of adjudication. Because the current order of adjudication must be vacated, the current order of disposition also is vacated. We remand for further proceedings consistent with this opinion.

ISSUES

[12] KP presents four issues for review by this Court:

*219 I. Was there sufficient competent evidence adduced to prove appellant's delinquency beyond a reasonable doubt?
II. Was the value of the destroyed property assessed correctly to determine restitution?
III. Was there sufficient evidence to prove the destroyed property's value, a statutory prerequisite of the offense alleged?
IV. Were the procedural requirements of the Juvenile Justice Act met in the court's adjudication and disposition of appellant's case?

The State rephrases the issues:

I. Was plain error injected into the proceedings when appellant's confederates admitted they were previously adjudicated delinquent for acts stemming from the same circumstances as those leading to the delinquency action against appellant?
II. Was there sufficient evidence to support the juvenile court's findings concerning the amount of property damage for the purposes of both its delinquency adjudication and its award of restitution?
III. Did the juvenile court abuse its discretion when it calculated the amount of restitution owed by appellant?
IV. Did the proceedings against appellant comply with the Juvenile Justice Act?

FACTS

[T 3] While there are many inconsistencies in detail, when viewed in the light most favorable to the State, testimony at the adjudicatory hearing generally revealed that, on the night of February 18, 2008, juveniles BE, DC, and KP were cruising around Casper in a Trans Am owned by DC's father. Eventually, the juveniles headed up Casper Mountain to smoke marihuana. After pulling over and smoking the marihuana, the juveniles continued up Casper Mountain. The juveniles saw a white Dodge Shadow abandoned on the side of the road and proceeded to break the windows and exterior lights of the vehicle. They then entered the vehicle and possibly took some items from the interior of the Dodge.

[T4] Law enforcement investigated the vandalism and interviewed BE and DC. Law enforcement did not interview KP. Both BE and DC gave varying accounts of what happened the evening of the 18th in their initial interviews with law enforcement but eventually gave approximately the above story, both implicating KP from the beginning,. A petition alleging KP delinquent was filed in juvenile court. The petition alleged two specific acts of delinquency: first, the petition alleged that KP violated Wyo. Stat. Aun. § 6-3-201(a) and (b)(iii) 1 by causing damage of more than $500 to the Dodge Shadow (hereinafter referred to as "felony property destruction" for the sake of simplicity); and second, the petition alleged that KP violated Wyo. Stat. Ann. § 6-3-801(a) and (b) 2 by entering the Dodge Shadow with the intent to commit larceny or a felony therein.

[15] At the adjudicatory hearing, each of the juveniles testified. DC specifically testified that, as the juveniles were driving on *220 Casper Mountain, they passed a 1990 Dodge Shadow abandoned on the side of the road. DC testified that the exterior of the vehicle looked to be "in pretty decent shape," with the possible exception of a crack in the front windshield. DC was driving and testified that he stopped the Trans Am when he saw the Dodge Shadow because he wanted to check to see if there was anything interesting in the Dodge. The Dodge was locked, and DC could not see inside, so he retrieved three tire irons or crowbars from the trunk of the Trans Am and handed one each to BE and KP, while keeping one for himself. The three juveniles proceeded to smash out the windows and exterior lights of the Dodge. DC then reached inside, unlocked the Dodge and entered the Dodge to see if there was anything interesting inside. DC testified that neither of the other juveniles entered the Dodge. After finishing with the Dodge, the juveniles returned to the Trans Am to leave but the Trans Am promptly got stuck in the snow. Attempts by the juveniles to free the Trans Am eventually proved futile, and DC and KP hiked down the mountain, eventually getting a ride from a passerby, and went to their respective houses. DC testified that BE stayed with the Trans Am because BE wanted to continue to try to free the Trans Am.

[16] BE testified that the Trans Am became stuck in the snow near the Dodge Shadow. After attempts to free the Trans Am failed, the juveniles turned their attention to the Dodge Shadow. BE testified that DC retrieved three tire irons or crowhbars from the trunk of the Trans Am, and the three juveniles proceeded to break the windows and exterior lights of the Dodge. BE testified that he saw KP get into the Dodge after it had been unlocked but he did not see KP take anything from inside the Dodge. The juveniles, finished with the Dodge, tried again to free the Trans Am, without success. DC and KP walked down the mountain. BE testified he stayed behind to continue to try to free the Trans Am.

[T7] KP testified that he was not with BE and DC when they went up Casper Mountain and was not involved in any way in vandalizing the Dodge. KP's mother testified that she was certain that KP was home in bed on the night in question. She testified that KP went to bed a little after ten o'clock p.m. and that she would have heard him if he had left the house at any point during the night.

[T8] At the adjudicatory hearing the owner of the Dodge Shadow testified. The owner stated that he bought the car within a month before its vandalism for approximately $300 and that he still owned the Dodge. He also stated that he was able to drive the Dodge off the mountain to his house. The owner did not testify about the condition of the automobile before its vandalism. The owner never testified that the vehicle had been repaired so no actual costs of repair were ever introduced into evidence. The owner stated that, after the vandalism, he called one auto glass repair shop and told a person over the phone that he needed to replace all the glass on the Dodge Shadow. The auto glass repair shop sent him an estimate for the cost of glass replacement in the total amount of $1,684.87. The owner also contacted one repair shop seeking an estimate to replace the exterior lights and fix damage he alleged was done to the interior instrument console. He received an estimate to repair that damage in the total amount of $723.68. Neither repair shop saw the Dodge before submitting its estimate. The written estimates, both dated August 20, 2003, were submitted into evidence through the owner. No representative of either repair shop supplying the estimates testified.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest Of: MBP v. The State of Wyoming
2022 WY 114 (Wyoming Supreme Court, 2022)
In the Interest Of: Jp v. The State of Wyoming
2022 WY 94 (Wyoming Supreme Court, 2022)
In the Interest of: RH v. The State of Wyoming
2022 WY 33 (Wyoming Supreme Court, 2022)
Barrera v. State
2017 WY 123 (Wyoming Supreme Court, 2017)
Alex Jordan Vaughn v. State
2017 WY 29 (Wyoming Supreme Court, 2017)
In the Interest Of: JB and TLW, Minor Children. TW v. State
2017 WY 26 (Wyoming Supreme Court, 2017)
Garcia v. Nationwide Mutual Insurance
821 F. Supp. 2d 1264 (D. Wyoming, 2011)
In re N.G.
9 A.3d 478 (District of Columbia Court of Appeals, 2010)
Granzer v. State
2010 WY 130 (Wyoming Supreme Court, 2010)
Pendleton v. State
2008 WY 36 (Wyoming Supreme Court, 2008)
Roden v. State
2007 WY 200 (Wyoming Supreme Court, 2007)
In the Interest of CT v. State
2006 WY 101 (Wyoming Supreme Court, 2006)
Lopez v. State
2006 WY 97 (Wyoming Supreme Court, 2006)
Jones v. State
2006 WY 40 (Wyoming Supreme Court, 2006)
Stutzman v. Office of the Wyoming State Engineer
2006 WY 30 (Wyoming Supreme Court, 2006)
Miller v. State
2006 WY 17 (Wyoming Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
2004 WY 165, 102 P.3d 217, 2004 WL 2913221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-kp-v-state-wyo-2004.