Williams v. State

2002 WY 136, 54 P.3d 248, 2002 Wyo. LEXIS 147, 2002 WL 31095750
CourtWyoming Supreme Court
DecidedSeptember 20, 2002
Docket00-341
StatusPublished
Cited by19 cases

This text of 2002 WY 136 (Williams 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
Williams v. State, 2002 WY 136, 54 P.3d 248, 2002 Wyo. LEXIS 147, 2002 WL 31095750 (Wyo. 2002).

Opinion

GOLDEN, Justice.

[T1] Appellant Dennis Williams appeals his convictions for aggravated assault and battery, felonious restraint, and blackmail, for which he received sentences to be served concurrently. He challenges the accuracy of jury instructions and contends that prosecu-torial misconduct during voir dire and closing argument denied him a fair trial.

[12] We reverse his conviction for felonious restraint and remand that count for a new trial, but affirm the two other convie-tions.

ISSUES

[T3] Williams presents these issues for our review:

I. Whether the trial court erred when it allowed both parties to argue conflicting interpretations of the felonious restraint statute?
II. Whether prosecutorial misconduct occurred during voir dire and closing arguments which was so outrageous it prejudiced Williams and denied him his right to a fair trial?
III. Whether the trial court erred when it instructed the jury that "the value of human life" includes quality of life, over defense counsel's objection?

The State presents this statement of the issues:

I. Whether it was plain error for the prosecutor to argue for a particular interpretation of the felonious restraint statute, and whether it was plain error for the trial court to allow the prosecutor and defense counsel to argue competing interpretations of the law to the jury?
II. Whether there was prosecutorial misconduct either during voir dire or during cloging argument?
III. Whether the trial court correctly instructed the jury that the "value of human life" may include the quality of that life?

FACTS

[14] Williams supervised a work crew for his employer, Gane Productions, in Gillette, Wyoming. Joshua Wenger began working for Gane as a laborer in early January of 2000. On January 17, 2000, Wenger was assigned to Williams' work crew. Throughout the day, Williams harassed Wenger with name-calling and practical jokes. Wenger was assigned to Williams' work crew the next day and worked until his company vehicle broke down. A company supervisor told Wenger to take lunch until the vehicle was repaired. During lunch, Williams accused Wenger of causing the vehicle breakdown and threatened Wenger. After lunch was finished, Wenger began walking back to the job site. Williams tackled him from behind and tied him up. Williams is six feet tall and weighed 250-260 pounds. Wenger was cighteen years old and weighed about 180 pounds. The tackle and fall fractured and dislocated Wenger's hip and injured his face and chest. He lay tied up for approximately fifteen to thirty minutes in intense pain before he was released.

*250 [15] After Wenger was untied, it took more time to convince Williams that he was seriously hurt and get Williams to seek help. Williams began driving Wenger to meet a company supervisor, and, on the way, concocted a story for Wenger and told Wenger that if Wenger told the truth then Williams would break his other leg. A supervisor took Wenger to the hospital, and later Wenger gave an account of his injury implicating Williams and others. On April 16, 2000, Williams was arrested and charged with kidnapping in violation of Wyo. Stat. Ann. § 6-2-201(a)(iti)(b)(i); felonious restraint in violation of Wyo. Stat. Ann. § 6-2-202(a)@)(b); blackmail in violation of Wyo. Stat. Ann. § 6-2402(a))(b); and aggravated assault and battery in violation of Wyo. Stat. Ann. § 6-2-502(a)()(b). The kidnapping charge was later dismissed. Williams was tried before a jury on the reraaining three counts and con-viected on all. He was sentenced to two to four years for felonious restraint, three to six years for blackmail, and four to eight years for aggravated assault. The sentences are to be served concurrently. This appeal followed.

DISCUSSION

Elements of Felonious Restraint

[16] Wyoming's felonious restraint statute provides:

(a) A person is guilty of felonious restraint if he knowingly:
() Restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or
(#) Holds another in a condition of involuntary servitude.
(b) Felonious restraint is a felony punishable by imprisonment for not more than five (5) years.

Wyo. Stat. Ann. 2001). § 6-2-2202 (LexisNexis

[17] The jury was instructed as "follows:

The elements of the crime of Felonious Restraint, as charged in Count I of this case, are:
1. On or about January 18, 2000.
2. In Campbell County, Wyoming.
8. The Defendant, Dennis Williams.
4. Knowingly restrained Joshua Wenger.
5. Under cireumstances exposing Joshua Wenger to a risk of serious bodily injury.

[18] In his first issue, Williams contends that plain error occurred when the trial court permitted the State to argue that "knowing ly" as used in the felonious restraint statute referred only to the restraint portion of the statute. Williams argues this is an incorrect statement of the law. Williams contends that the term "knowingly" refers also to the exposure to risk of serious bodily injury, and further contends that the prejudice caused by the State's misstatement of the law was compounded by the failure of the trial court to provide guidance to the jury. The State contends that, based on the plain language of the statute, this Court can conclude that no misstatement of the law occurred.

[19] Although the felonious restraint statute was first enacted in 1982, we have not previously interpreted it. In 1982, Wyoming enacted a comprehensive criminal code based upon the Model Penal Code, and the felonious restraint statute was enacted along with significant changes to the kidnapping statute. Theodore E. Lauer, Goodbye 2-Card Monte: The Wyoming Criminal Code of 1982, 19 Land & Water LRev. 107, 124-25 (1984). The statutory language adopts that of the Model Penal Code. Id. at 125. Commentary to the Model Penal Code distinguishes felonious restraint from misdemeanor false imprisonment by using the risk of physical injury as the decisive factor for imposing felony punishment. In contrast, its maximum penalty of five years is considerably less than that imposed by the kidnapping statute. Model Penal Code § 212.2 cmt. 1, at 289 (Proposed Official Draft 1962). The felonious restraint statute is violated when a risk of serious bodily injury occurs and the action causing that risk is an unlawful restraint. The term "serious bodily injury" is defined by Wyoming statute, Wyo. Stat. Ann. § 6-L-104(a)(x) (LexisNexis 2001), and the word "unlawfully" is said to carry its "usual meaning of conduct violative of any legal duty, whether penal or civil in origin." Model Penal Code, supra, cmt. 2, at 241.

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Bluebook (online)
2002 WY 136, 54 P.3d 248, 2002 Wyo. LEXIS 147, 2002 WL 31095750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-wyo-2002.