Corr v. State

• Decision Date: 20 September 2022
• Docket Number: S-22-0064
• Citation: 516 P.3d 1254
• Parties: Michael John CORR, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

516 P.3d 1254

Michael John CORR, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

S-22-0064

Supreme Court of Wyoming.

September 20, 2022

Representing Appellant: Office of the State Public Defender: Diane Lozano, Wyoming State Public Defender; Kirk A. Morgan, Chief Appellate Counsel.

Representing Appellee: Bridget Hill, Wyoming Attorney General; Jenny L. Craig, Deputy Attorney General; Joshua C. Eames^* , Senior Assistant Attorney General; Donovan Burton, Assistant Attorney General.

Before FOX, C.J., and KAUTZ, BOOMGAARDEN, GRAY, and FENN, JJ.

FOX, Chief Justice.

¶1] Michael John Corr pled guilty to felony property destruction. On appeal, he challenges the restitution award of $7,398 to the victim, claiming the State did not present sufficient credible evidence to support the award. We affirm.

ISSUE

[¶2] The dispositive issue on appeal is:

Did Mr. Corr waive his right to contest the amount of restitution when he failed to timely object to the victim's damages identified in the presentence investigation report?

FACTS

[¶3] On the evening of May 6, 2021, the owner of a motel in Casper, Wyoming saw Mr. Corr pulling copper wiring from the motel's electrical panel with his truck. The owner photographed Mr. Corr and his vehicle, and Mr. Corr fled. The owner then reported the incident to the Casper Police Department.

[516 P.3d 1255

[¶4] The responding officer "observed the electrical box had been pulled away from the West facing wall and the conduit which contained the copper wire along with the copper wire had been cut down to the concrete slab." The owner reported that before Mr. Corr's actions, "the electrical box had been properly attached to the wall, the conduit was undamaged, and the copper wire had extended all the way into the box." The officer estimated the value of the missing copper wire to be approximately $200. At that time, the owner was unable to estimate the cost to repair the damaged property but believed it could cost several thousand dollars as the entire main line would require replacement.

¶5] The State charged Mr. Corr with one count of misdemeanor theft and one count of felony property destruction and defacement. The circuit court bound Mr. Corr over to district court where he pled not guilty to the charges. The State and Mr. Corr thereafter reached a plea deal under which Mr. Corr agreed to plead guilty to the felony count in exchange for the State's dismissal of the misdemeanor count. The parties agreed to probation but had no agreement...