Walter v. State

811 P.2d 716, 1991 Wyo. LEXIS 89, 1991 WL 79603
CourtWyoming Supreme Court
DecidedMay 20, 1991
Docket90-260
StatusPublished
Cited by10 cases

This text of 811 P.2d 716 (Walter 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
Walter v. State, 811 P.2d 716, 1991 Wyo. LEXIS 89, 1991 WL 79603 (Wyo. 1991).

Opinion

MACY, Justice.

Appellant John P. Walter appeals from his misdemeanor conviction for interference with a peace officer and from his felony conviction for aggravated assault and battery with a deadly weapon.

We affirm.

Appellant raises two issues for our review:

I. Appellant was improperly convicted of the lesser included offense of interference[.]
II. The court below erred in finding Appellant guilty of attempted aggravated assault with a deadly weapon.

Appellant encountered his estranged girl friend in a Cheyenne nightclub around midnight on the evening of September 22, 1989. The girl friend informed Appellant that the police were looking for him because she had filed a complaint against him after he moved from their shared residence several weeks earlier. Following a brief stop at another bar, Appellant went to the girl friend’s house, entered through an unlocked basement door, and fell asleep behind a couch.

Several hours after her encounter with Appellant, the girl friend returned home with two male friends. One of the friends accompanied the girl friend into the house “to make sure everything was okay” while the other friend waited outside. When the girl friend entered an upstairs bathroom, Appellant emerged from the basement and asked the male friend to leave, which he did. Appellant went into the bathroom where the girl friend was vomiting into the toilet. The two began arguing, and Appel *718 lant proceeded to push the girl friend’s head into the toilet several times. When the girl friend left the bathroom, Appellant followed her to the basement where he forced her onto a bed. Meanwhile, the girl friend’s male friends had summoned the police, and several officers had responded. Standing outside of the house, the officers could hear voices inside the house, including a crying and pleading female voice. The officers did not receive a response when they rang the doorbell.

Fearing that a possible hostage situation could occur, three policemen forcibly entered the house through a main level entrance and announced their presence. Appellant immediately exited the house through a basement doorway. As he fled, Appellant encountered John Lavery, a police officer with the Cheyenne police department, in the stairwell leading from the basement door. Officer Lavery identified himself as a police officer, ordered Appellant to stop, and stated that Appellant was under arrest. Despite the officer’s physical and verbal attempts at detention, Appellant broke free and ran to his car. Officer Lavery pursued Appellant and called for assistance on his portable police radio. When Officer Lavery arrived at the car, Appellant was inside the car with the driver’s side door locked. After Appellant refused to unlock the door, Officer Lavery used his radio to break the window in the driver’s side door, and Officer Lavery again told Appellant that he was under arrest. Appellant’s response was to insert a key into the ignition and to start the car’s engine.

Concerned with the potential risks of a car chase, Officer Lavery leaned into the car through the broken window and struggled with Appellant for the keys. During their struggle, Officer Lavery hit Appellant in the head with the radio, and the car’s engine stalled or was turned off. Despite the continuing struggle for control of the keys, Appellant restarted the car’s engine, shifted it into gear, and began driving the car forward. Officer Lavery took several steps alongside the moving vehicle and continued to struggle with Appellant before finally disengaging and falling to the pavement. When he fell, Officer Lavery suffered abrasions to his hands and knees.

As Appellant drove his car toward the intersection at the end of the block, a patrol car entered the intersection and attempted to block Appellant’s path. Meanwhile, Mark Allsop, a police officer for the City of Cheyenne, stood near the stop sign at the same corner shining a flashlight into the windshield of Appellant’s car in an attempt to blind the driver or to get him to stop. Rather than stopping, Appellant accelerated the car toward the intersection, swerved it to his right to avoid the patrol car, drove it directly at Officer Allsop, drove it over the curb, and forced the officer to jump out of the way. Officer Allsop pulled a leg muscle when he jumped to escape Appellant’s vehicle.

After colliding with another vehicle in the next block, Appellant proceeded through Cheyenne to the interstate. The police pursued Appellant as he progressed south on the interstate at speeds in excess of 115 miles per hour. Appellant’s car eventually broke down several miles into Colorado, and he was arrested without further incident.

Appellant was charged with two felonies: (1) intentionally and knowingly causing bodily injury to a peace officer engaged in the lawful performance of his official duties in violation of Wyo.Stat. § 6-5-204(b) (1988), and (2) aggravated assault and battery with a deadly weapon in violation of Wyo.Stat. § 6 — 2—502(a)(ii) (1988). Appellant pleaded not guilty to both counts.

Appellant waived his right to a jury trial, and he was tried before the district court on June 5, 1990. The court found that Appellant was not guilty on the felony charge of intentionally and knowingly trying to injure Officer Lavery while he was engaged in the lawful performance of his official duties. The court did, however, find Appellant guilty of the lesser included offense of misdemeanor interference with Officer Lavery in violation of Wyo.Stat. § 6-5-204(a) (1988). The court also found Appellant guilty of felony aggravated as *719 sault and battery with a deadly weapon in violation of § 6-2-502(a)(ii) when he intentionally drove his car toward Officer Allsop as the officer stood holding the flashlight.

Appellant was sentenced to a term of five months in the Laramie County Detention Facility for the misdemeanor offense of interference with a peace officer and to á consecutive term of not less than four years nor more than six years in the Wyoming State Penitentiary for the felony offense of aggravated assault and battery. The court suspended the penitentiary sentence and gave Appellant three years’ probation. Appellant appeals both convictions.

Though Appellant phrases the issues on appeal in terms of trial court error, we agree with the State that both issues question the sufficiency of the evidence to support Appellant’s convictions. Hence, we examine the record using our standard of review for sufficiency of the evidence:

Our standard for arriving at a determination of the sufficiency of the evidence is to determine whether it is adequate to support a reasonable inference of guilt beyond a reasonable doubt to be drawn by the finder of fact, viewing the evidence in the light most favorable to the State. The test is the same, whether the case was tried to the court or to a jury.

Lopez v. State, 788 P.2d 1150, 1152 (Wyo. 1990) (citations omitted).

Interference

Section 6-5-204(a) states:

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Related

Kite v. State
424 P.3d 255 (Wyoming Supreme Court, 2018)
Leavitt v. State
2011 WY 11 (Wyoming Supreme Court, 2011)
Mueller v. State
2001 WY 134 (Wyoming Supreme Court, 2001)
Glazier v. State
843 P.2d 1200 (Wyoming Supreme Court, 1992)
Fortner v. State
843 P.2d 1139 (Wyoming Supreme Court, 1992)
Warren v. State
835 P.2d 304 (Wyoming Supreme Court, 1992)
Longstreth v. State
832 P.2d 560 (Wyoming Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
811 P.2d 716, 1991 Wyo. LEXIS 89, 1991 WL 79603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-v-state-wyo-1991.