Seymore v. State

2007 WY 32, 152 P.3d 401, 2007 Wyo. LEXIS 33, 2007 WL 548011
CourtWyoming Supreme Court
DecidedFebruary 23, 2007
Docket05-179
StatusPublished
Cited by27 cases

This text of 2007 WY 32 (Seymore 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
Seymore v. State, 2007 WY 32, 152 P.3d 401, 2007 Wyo. LEXIS 33, 2007 WL 548011 (Wyo. 2007).

Opinions

VOIGT, Chief Justice.

[11] This is an appeal from an escape conviction. The appellant contends that the jury was improperly instructed and that the prosecutor committed misconduct during the trial. We reverse and remand for a new trial.

FACTS

[T2] On December 24, 2003, during probation revocation proceedings in another matter, the appellant was ordered into placement with Frontier Corrections System (FCS) in Cheyenne, Wyoming. As part of the FCS intake process, the appellant signed an "understanding of escape" form that advised him of the types of actions considered by FCS to constitute "escape." Those actions included failing to return to the facility at the required time.

[T3] On July 2, 2004, the appellant checked out of FCS at 5:00 pm., with a required return time of 10:00 p.m. Trial testimony revealed that, instead of returning to FCS, the appellant spent the evening at his girlfriend's house. When the appellant did not return to the facility at 10:00 p.m., FCS personnel placed several telephone calls in an effort to locate him. Being unsuccessful, they notified local law enforcement agencies early the next morning that the appellant had escaped.

[14] The appellant telephoned FCS later that morning, allegedly stating that he "knew he was in trouble" and asking whether he should return to FCS or turn himself in to the local jail. The appellant testified that he tried to turn himself in at the jail, but the jail would not take him without an arrest warrant. Ultimately, the appellant was arrested on August 17, 2004 and charged with escape. He was convicted following a jury trial.

ISSUES

[T5] 1. Whether the jury was misinformed about the mens rea element of escape?

2. Whether the prosecutor committed misconduct?

STATUTES

[T6] The appellant was charged with violating Wyo. Stat. Ann. § 6-5-206(2)G) (Lexis-Nexis 2005),1 which reads as follows:

[404]*404(a) A person commits a crime if he escapes from official detention. Escape is:
(i) A felony punishable by imprisonment for not more than ten (10) years, if the detention is the result of a conviction for a felony(.]

[17] The term "official detention" is defined at Wyo. Stat. Ann. § 6-5-201(2)@M) (LexisNexis 2005):

(ii) "Official detention" means arrest, detention in a facility for custody of persons under charge or conviction of crime or alleged or found to be delinquent, detention for extradition or deportation, or detention in any manner and in any place for law enforcement purposes. "Official detention" does not include supervision on probation or parole or constraint incidental to release on bail[.]

[18] As part of the adult community corrections statutes, Wyo. Stat. Ann. § 7-18-112 (LexisNexis 2005) provides specialized definitions of "escape from official detention" for persons housed in such facilities:

(a) An offender, parolee or an inmate is deemed guilty of escape from official detention and shall be punished as provided by W.S. 6-5-206(a)(i) if, without proper authorization, he:
G) Fails to remain within the extended limits of his confinement or to return within the time prescribed to an adult community correctional facility to which he was assigned or transferred; or
(ii) Being a participant in a program established under the provisions of this act he leaves his place of employment or fails or neglects to return to the adult community correctional facility within the time prescribed or when specifically ordered to do so.

DISCUSSION

Whether the jury was misinformed about the mens rea element of escape?

[T9] We have a well-established standard for the review of jury instructions, which standard incorporates the test to be applied when there was no trial objection:

Jury instructions should inform the jurors concerning the applicable law so that they can apply that law to their findings with respect to the material facts, instructions should be written with the particular facts and legal theories of each case in mind and often differ from case to case since any one of several instructional options may be legally correct, a failure to give an instruction on an essential element of a criminal offense is fundamental error, as is a confusing or misleading instruction, and the test of whether a jury has been properly instructed on the necessary elements of a crime is whether the instructions leave no doubt as to the cireumstances under which the crime can be found to have been committed.

Mueller v. State, 2001 WY 134, ¶ 9, 36 P.3d 1151, 1155 (Wyo.2001) (citing Schmidt v. State, 2001 WY 73, ¶ 23, 29 P.3d 76, 83 (Wyo.2001) and Metzger v. State, 4 P.3d 901, 908 (Wyo.2000)). We analyze jury instructions as a whole and do not single out individual instructions or parts thereof. Ogden v. State, 2001 WY 109, ¶ 8, 34 P.3d 271, 274 (Wyo.2001). We give trial courts great latitude in instructing juries and " will not find reversible error in the jury instructions as long as the instructions correctly state the law and the entire set of instructions sufficiently covers the issues which were presented at the trial'" Id. (quoting Harris v. State, 933 P.2d 1114, 1126 (Wyo.1997)). Brown v. State, 2002 WY 61, 19, 44 P.3d 97, ¶ 9 (Wyo.2002).

Finally, we have indicated that when an appellant does not object at trial to the jury instructions, or request that a certain instruction be included, our review of this issue follows our plain error standard:

First, the record must clearly present the incident alleged to be error. Second, appellant must demonstrate that a clear and unequivocal rule of law was violated in a clear and obvious, not merely arguable, way. Last, appellant must prove that he was denied a substantial right resulting in material prejudice against him.
[405]*405Ogden v. State, 2001 WY 109, ¶ 9, 34 P.3d 271, ¶ 9 (Wyo.2001) (quoting In Interest of CB, 749 P.2d 267, 268-69 (Wyo.1988)); see also Brown, ¶ 10.

Leyva v. State, 2005 WY 22, ¶ 8, 106 P.3d 873, 876 (Wyo.2005).

[110] The appellant did not object at trial to the jury instructions that were given, and did not offer any additional instructions. Therefore, we review this issue under our plain error standard. Suceinetly stated, the appellant now contends that plain error occurred here because the district court failed to instruct the jury on an essential element of the erime-intent-which is a fundamental error requiring reversal. See Compton v. State, 931 P.2d 936, 940 (Wyo.1997).

[T 11] Nine instructions were read to the jury, two of which bear upon this issue. Instruction No. 2, in pertinent part, set forth the elements of the charged crime:

1. - On or about July 8, 2004.
2. In Laramie County, Wyoming.
8. The Defendant, Brian Seymore.
4. Escaped from official detention.
5. While being detained as the result of
a conviction for a felony.

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Bluebook (online)
2007 WY 32, 152 P.3d 401, 2007 Wyo. LEXIS 33, 2007 WL 548011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seymore-v-state-wyo-2007.