Black v. State

• Decision Date: 14 May 2002
• Docket Number: No. 00-182.,00-182.
• Citation: 46 P.3d 298,2002 WY 72
• Parties: Troy Dwayn BLACK, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

46 P.3d 298

2002 WY 72

Troy Dwayn BLACK, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

No. 00-182.

Supreme Court of Wyoming.

May 14, 2002.

Sylvia Lee Hackl, State Public Defender; Donna D. Domonkos, Appellate Counsel; and Ryan R. Roden, Assistant Appellate Counsel, Representing Appellant. Argument by Mr. Roden.

Gay Woodhouse, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Kimberly A. Baker, Senior Assistant Attorney General, Representing Appellee. Argument by Ms. Baker.

Before LEHMAN, C.J., and GOLDEN, HILL, KITE, and VOIGT, JJ.

LEHMAN, Chief Justice.

[¶ 1] After trial, a jury convicted appellant Troy Dwayn Black of aggravated assault with a deadly weapon, aggravated robbery, aggravated burglary, and conspiracy to commit aggravated robbery. We affirm.

ISSUES

[¶ 2] Appellant sets forth the issues on appeal:

I. Whether appellant's conviction for aggravated assault with a deadly weapon can stand because insufficient evidence supports it?

II. Whether appellant's conviction for aggravated robbery can stand because insufficient evidence supports it?

III. Whether appellant's conviction for aggravated burglary can stand because insufficient evidence supports it?

IV. Whether the State's offer, and the admission of a witness' testimony, that she was convicted of an offense arising out of the circumstances leading to appellant's trial, and the State's continued use of such fact, violated appellant's right to have a trial on its own merits and constituted plain error?

V. Whether the district court violated appellant's right to the Sixth Amendment to the United States Constitution and Article 1, Section 10 of the Wyoming State Constitution when it instructed the jury regarding the law on aiding and abetting?

FACTS

[¶ 3] On May 6, 1999, during a brief visitation with the victim Patrick Stone, appellant observed a quantity of cash in the apartment. That afternoon appellant, along with his cohorts, devised a plan to rob Mr. Stone. The group executed the robbery that night.

STANDARD OF REVIEW

[¶ 4] The standard of review for sufficiency of the evidence issues is well established. We assess whether all 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. 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. Vanvorst v. State, 1. P.3d 1223, 1228 (Wyo.2000); Harris v. State, 933 P.2d 1114, 1123 (Wyo. 1997); Blake v. State, 933 P.2d 474, 480 (Wyo.1997).

[¶ 5] It is also well established that a trial court has a duty to instruct a jury on the general principles of law applicable to the case at issue. A trial court is given wide latitude in instructing the jury and, as long as the instructions correctly state the law and the entire charge covers the relevant issue, reversible error will not be found. Instructions must be considered as a whole, and individual instructions, or parts of them, should not be singled out and considered in isolation. Ogden v. State, 2001 WY 109, ¶ 8, 34 P.3d 271, ¶ 8 (Wyo.2001); Coburn v. State, 2001 WY 30, ¶ 9, 20 P.3d 518, ¶ 9 (Wyo.2001); Merchant v. State, 4 P.3d 184, 190 (Wyo.2000).

[¶ 6] Jury instructions shall not be ruled defective absent a showing that the instructions confused or misled the jury as to the proper principles of law and prejudiced the defendant. Lane v. State, 12 P.3d 1057, 1061 (Wyo.2000). Prejudicial error must be demonstrated, and prejudice will not be demonstrated unless the instruction confused or misled the jury with respect to the proper principles of law. Wilson v. State, 14 P.3d 912, 916 (Wyo.2000). Further, a failure to instruct properly on an element of a crime does not constitute plain error where evidence of the defendant's guilt is overwhelming. Id.

[¶ 7] Finally, this court will find that plain error exists when 1) the record is clear about the incident alleged as error, 2) there was a transgression of a clear and unequivocal rule of law, and 3) the party claiming error was denied a substantial right which materially prejudiced him. Mazurek v. State, 10 P.3d 531, 535 (Wyo.2000); Urrutia v. State, 924 P.2d 965, 969 (Wyo.1996).

DISCUSSION

Sufficiency of the Evidence

[¶ 8] Appellant in his first three issues argues that insufficient evidence was presented at trial to convict him of aggravated assault with a deadly weapon, aggravated robbery, and aggravated burglary. Appellant contends that insufficient evidence was presented to prove beyond a reasonable doubt that 1) he threatened to use a drawn weapon on another person when not reasonably necessary in defense of his person, property, or abode or to prevent serious bodily injury to another; 2) in the course of committing a robbery he used or exhibited a deadly weapon or a simulated deadly weapon; or 3) he, in the course of committing a burglary, was armed with, or became armed with, or used a deadly weapon or a simulated deadly weapon, or knowingly or recklessly inflicted bodily injury on another person as required by Wyo. Stat. Ann. §§ 6-2-502, 6-2-401 and 6-3-301, respectively. Specifically, appellant asserts that it must be shown beyond a reasonable doubt that he personally took each of these required acts.

[¶ 9] Wyo. Stat. Ann. § 6-1-201 (LexisNexis 2001) provides:

(a) A person who knowingly aids and abets in the commission of a felony, or who counsels, encourages, hires, commands or procures a felony to be committed, is an accessory before the fact.

(b) An accessory before the fact:

(i) May be indicted, informed against, tried and convicted as if he were a principal;

(ii) May be indicted, informed against, tried and convicted either before of after and whether or not the principal offender is indicted, informed against, tried or convicted; and

(iii) Upon conviction, is subject to the same punishment and penalties as are prescribed by law for the punishment of the principal.

In Hawkes v. State, 626 P.2d 1041, 1043 (Wyo.1981), we long ago put to rest that since an aider and abettor is to be "informed against, tried and convicted in the same manner as if he were a principal," no distinction is made between aider and abettor and principal. Therefore, an aider and abettor is guilty of the principal crime with proof of participation in either capacity sufficient to convict a defendant as a principal. Id.; see also Jahnke v. State, 692 P.2d 911, 920-21 (Wyo.1984)

and Neilson v. State, 599 P.2d 1326, 1335 (Wyo.1979).

[¶ 10] To convict a person of aiding and abetting, it must be proved that the crime was committed by someone and that the aider and abettor associated himself with and participated in the accomplishment and success of the criminal venture. Fales v. State, 908 P.2d 404, 408 (Wyo.1995); Jones v. State, 902 P.2d 686, 693 (Wyo.1995). We also held in Edge v. State, 647 P.2d 557, 560 (Wyo.1982), that it is not necessary to prove that each defendant did that which was necessary to establish each element of an offense but that it is sufficient to show that they were associated together in doing that which comprises each element of the offense. Further, although a defendant's presence at the time and place of the crime does not establish guilt as an aider, abettor, or principal, an intent to engage in the criminal venture may be shown by the relationship of the parties and by their conduct before and after the offense. Haight v. State, 654 P.2d 1232, 1238 (Wyo.1982).

[¶ 11] Sufficient evidence was presented that each of the crimes alleged were committed and that appellant, at minimum, acted as an aider and abettor by associating himself with and participating in the accomplishment and success of those criminal actions. Specifically, on May 6, 1999, appellant and his fiancé O'Neill drove to the apartment of Patrick Stone. Appellant introduced himself to Stone as "Snake"; and, during a brief conversation concerning appellant's attempt to locate a friend, appellant observed a quantity of cash Stone had just received in payment for a car he had recently sold. Stone's girlfriend, Porter, saw appellant ride away from the area in a red car, followed by a small white sports utility vehicle.

[¶ 12] When appellant returned to O'Neill's vehicle, he immediately stated that he was going to "jack that fool" because he had a lot of money laying around and he kept his door unlocked. Appellant and O'Neill then returned to their residence. Thereafter, appellant told his cohorts Jones and Soto at his residence that he wanted to go back to Stone's apartment to rob him. Appellant, O'Neill, Jones, and Soto then went to Lee's residence.

[¶ 13] After appellant discussed the robbery with Lee, the group went to Stone's apartment around midnight with the intent of robbing Stone. Initially, appellant knocked on the door and entered the apartment alone. Appellant sat next to Stone on the couch. Also, present in the room were Porter, the three-year-old daughter of Stone and Porter, and Gilbert Vega, a tenant of the apartment. While appellant and Stone conversed, Vega went to the back of the apartment.

[¶ 14] A few minutes later, Lee and Jones burst into the apartment armed with a gun and a knife, respectively, with Lee pulling a mask down over his face and cocking the...