Trevino v. State

2006 WY 113, 142 P.3d 214, 2006 Wyo. LEXIS 117, 2006 WL 2589728
CourtWyoming Supreme Court
DecidedSeptember 11, 2006
Docket05-93
StatusPublished

This text of 2006 WY 113 (Trevino 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
Trevino v. State, 2006 WY 113, 142 P.3d 214, 2006 Wyo. LEXIS 117, 2006 WL 2589728 (Wyo. 2006).

Opinion

142 P.3d 214 (2006)
2006 WY 113

Michael David TREVINO, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

No. 05-93.

Supreme Court of Wyoming.

September 11, 2006.

*215 Representing Appellant: Kenneth M. Koski, State Public Defender; and Donna D. Domonkos, Appellate Counsel.

Representing Appellee: Patrick J. Crank, Wyoming Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Leda M. Pojman, Assistant Attorney General.

Before VOIGT, C.J., and GOLDEN, HILL[*], KITE, and BURKE, JJ.

HILL, Justice.

[¶ 1] Michael David Trevino (Trevino) was convicted by a jury of one count of obtaining property by false pretenses in violation of Wyo. Stat. Ann. § 6-3-407(a)(i) (LexisNexis 2005).[1] On appeal, he challenges *216 the sufficiency of the evidence to support the conviction and the propriety of the admission of certain uncharged misconduct evidence. Finding sufficient evidence in the record to support the conviction and no error in the admission of evidence, we affirm.

ISSUES

[¶ 2] Trevino sets forth two issues for consideration:

Issue I
Whether there is sufficient evidence to sustain a conviction for felony obtaining property by false pretenses
Issue II
Whether the district court erred when it admitted Rule 404(b) evidence which was not relevant to the crime charged.

FACTS

[¶ 3] On September 3, 2003, Trevino went to L & K Sales in Sheridan, Wyoming, to purchase a Ford F-800 truck. Trevino represented that the vehicle was being purchased for his house moving business, Triumph, Inc. Trevino was the president and registered agent of that company. He was accompanied by Triumph's secretary, Shannon Keeves (Keeves), who was also his girlfriend. At the purchase, Trevino indicated to Tim Brown, the manager of L & K, that he wanted the truck titled in his name and that of a "Michelle Trevino." Keeves, who was not identified to Brown, expressed surprise at this but proceeded to sign all of the documents as "Michelle Trevino."[2]

[¶ 4] The purchase price of the truck was $9,000, which Trevino paid with two trade-ins and a check for $6,000 drawn on Triumph's bank account. After Trevino and Keeves had left, Brown noticed that the check had been signed by a "Shannon Keeves" and not the "Michelle Trevino," who he believed had been at the sale and signed the documents. Brown called Triumph, and Keeves, in her "Michelle Trevino" persona, answered and informed him that Keeves was the bookkeeper and had pre-signed the check at the office. Also that day, Brown contacted Triumph's bank and verified that the account contained sufficient funds to cover the check.

[¶ 5] The next business day, Monday September 8, 2003, Brown was informed by Triumph's bank that a stop payment order had been placed on the check. Brown contacted Trevino who explained that a check for $7,500 to him had bounced and, therefore, he had placed a stop payment on all the large, outstanding checks on the account. He maintained that he was on his way to collect the $7,500 and that payment to Brown would be forthcoming. The next day, Brown again called Trevino who claimed that he had collected the money and that a cashier's check for the truck was in the mail. Trevino did not report any problems with the truck. Brown never received a cashier's check, and he never heard from Trevino again regarding payment or the truck.

[¶ 6] Several weeks later, Brown referred the matter to the Fargo, North Dakota, police who contacted Trevino. Trevino claimed that there were mechanical problems with the truck and that the dispute was a civil matter. A demand for payment sent by certified letter to Trevino was returned unsigned. A civil action was filed against Trevino, Keeves, and Triumph, and a default judgment was subsequently obtained with L & K reclaiming possession of the truck from an impound lot in February of 2004.

[¶ 7] The Sheridan, Wyoming, police department investigated the matter in conjunction with a series of bad check claims against Trevino. During the investigation, Keeves claimed that the stop payment order had been made because the truck had broken down in Montana and had to be towed back to Fargo. She also asserted to the police *217 that Trevino did not have anything to do with the management of Triumph.

[¶ 8] Trevino was charged with one count of obtaining property by false pretenses in violation of Wyo. Stat. Ann. § 6-3-407(a)(i). During the trial, Robert Keeves, Shannon Keeves's father, who was vice president of Triumph and its bookkeeper, testified that Trevino had a history of writing checks despite not having sufficient funds in the account to cover them. He cited a specific incident in which Trevino wrote a check for twenty thousand dollars to cover a lease down payment and then later placed a stop payment on the check. He also indicated that he would have to make loans to Triumph to cover checks written by Trevino. Ultimately, the jury returned a guilty verdict and Trevino now appeals.

STANDARD OF REVIEW

[¶ 9] When reviewing a sufficiency of the evidence claim in a criminal case, we "assess whether all of the evidence presented is adequate to form the basis for an inference of guilt beyond a reasonable doubt to be drawn by a finder of fact when that evidence is viewed in the light most favorable to the State." Michaelis v. State, 2005 WY 80, ¶ 3, 115 P.3d 1098, 1100 (Wyo.2005) (quoting Lopez v. State, 2004 WY 28, ¶ 16, 86 P.3d 851, 855 (Wyo.2004); and Estrada-Sanchez v. State, 2003 WY 45, ¶ 6, 66 P.3d 703, 707 (Wyo.2003)).

We leave out of consideration the evidence presented by the unsuccessful party which conflicts with the successful party's evidence and afford every favorable inference to the successful party's evidence which may be reasonably and fairly drawn from that evidence. Even though it is possible to draw other inferences from the evidence presented, the jury has the responsibility to resolve conflicts in the evidence. We will not substitute our judgment for that of the jury when we are applying this rule; our only duty is to determine whether a quorum of reasonable and rational individuals would, or even could, have come to the same result as the jury actually did.

Michaelis, ¶ 3, 115 P.3d at 1100.

[¶ 10] We review claims of error in the admission of evidence under the following standard:

Evidentiary rulings are within the sound discretion of the trial court. . . . This Court will generally accede to the trial court's determination of the admissibility of evidence unless that court clearly abused its discretion. We have described the standard of an abuse of discretion as reaching the question of the reasonableness of the trial court's choice. Judicial discretion is a composite of many things, among which are conclusions drawn from objective criteria. It also means exercising sound judgment with regard to what is right under the circumstances and without doing so arbitrarily or capriciously. In the absence of an abuse of discretion, we will not disturb the trial court's determination. The burden is on the defendant to establish such abuse.

Farmer v. State, 2005 WY 162, ¶ 8, 124 P.3d 699, 703 (Wyo.2005) (quoting Holloman v. State, 2005 WY 25, ¶ 10, 106 P.3d 879, 883 (Wyo.2005)).

DISCUSSION

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Related

Sanville v. State
593 P.2d 1340 (Wyoming Supreme Court, 1979)
Miller v. State
732 P.2d 1054 (Wyoming Supreme Court, 1987)
Lopez v. State
788 P.2d 1150 (Wyoming Supreme Court, 1990)
Beane v. State
596 P.2d 325 (Wyoming Supreme Court, 1979)
Driver v. State
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Barker v. State
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Fitzgerald v. State
599 P.2d 572 (Wyoming Supreme Court, 1979)
Holloman v. State
2005 WY 25 (Wyoming Supreme Court, 2005)
Farmer v. State
2005 WY 162 (Wyoming Supreme Court, 2005)
Michaelis v. State
2005 WY 80 (Wyoming Supreme Court, 2005)
Williams v. State
2004 WY 117 (Wyoming Supreme Court, 2004)
Lopez v. State
2004 WY 28 (Wyoming Supreme Court, 2004)
Estrada-Sanchez v. State
2003 WY 45 (Wyoming Supreme Court, 2003)
Perritt v. State
2005 WY 121 (Wyoming Supreme Court, 2005)
Howard v. State
2002 WY 40 (Wyoming Supreme Court, 2002)

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Bluebook (online)
2006 WY 113, 142 P.3d 214, 2006 Wyo. LEXIS 117, 2006 WL 2589728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trevino-v-state-wyo-2006.