KP v. State
Decision Date | 16 December 2004 |
Parties | In the Interest of KP, a minor, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
Court | Wyoming Supreme Court |
Representing Appellant: Kenneth M. Koski, State Public Defender; Donna D. Domonkos, Appellate Counsel; Marion Yoder, Senior Assistant Public Defender. Argument by Ms. Yoder.
Representing Appellee: Patrick J. Crank, Wyoming Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Dee Morgan, Assistant Attorney General. Argument by Ms. Morgan.
Before HILL, C.J., and GOLDEN, KITE, and VOIGT, JJ., and STEBNER, D.J. (Retired).
[¶ 1] KP appeals from an order adjudicating him delinquent and the corresponding order of disposition. Finding that KP's adjudication was based upon one allegation that was determined pursuant to an inaccurate application of a statute, we remand the case for the entry of a new order of adjudication. Because the current order of adjudication must be vacated, the current order of disposition also is vacated. We remand for further proceedings consistent with this opinion.
[¶ 3] While there are many inconsistencies in detail, when viewed in the light most favorable to the State, testimony at the adjudicatory hearing generally revealed that, on the night of February 18, 2003, juveniles BE, DC, and KP were cruising around Casper in a Trans Am owned by DC's father. Eventually, the juveniles headed up Casper Mountain to smoke marihuana. After pulling over and smoking the marihuana, the juveniles continued up Casper Mountain. The juveniles saw a white Dodge Shadow abandoned on the side of the road and proceeded to break the windows and exterior lights of the vehicle. They then entered the vehicle and possibly took some items from the interior of the Dodge.
[¶ 4] Law enforcement investigated the vandalism and interviewed BE and DC. Law enforcement did not interview KP. Both BE and DC gave varying accounts of what happened the evening of the 18th in their initial interviews with law enforcement but eventually gave approximately the above story, both implicating KP from the beginning. A petition alleging KP delinquent was filed in juvenile court. The petition alleged two specific acts of delinquency: first, the petition alleged that KP violated Wyo. Stat. Ann. § 6-3-201(a) and (b)(iii)1 by causing damage of more than $500 to the Dodge Shadow (hereinafter referred to as "felony property destruction" for the sake of simplicity); and second, the petition alleged that KP violated Wyo. Stat. Ann. § 6-3-301(a) and (b)2 by entering the Dodge Shadow with the intent to commit larceny or a felony therein.
[¶ 5] At the adjudicatory hearing, each of the juveniles testified. DC specifically testified that, as the juveniles were driving on Casper Mountain, they passed a 1990 Dodge Shadow abandoned on the side of the road. DC testified that the exterior of the vehicle looked to be "in pretty decent shape," with the possible exception of a crack in the front windshield. DC was driving and testified that he stopped the Trans Am when he saw the Dodge Shadow because he wanted to check to see if there was anything interesting in the Dodge. The Dodge was locked, and DC could not see inside, so he retrieved three tire irons or crowbars from the trunk of the Trans Am and handed one each to BE and KP, while keeping one for himself. The three juveniles proceeded to smash out the windows and exterior lights of the Dodge. DC then reached inside, unlocked the Dodge and entered the Dodge to see if there was anything interesting inside. DC testified that neither of the other juveniles entered the Dodge. After finishing with the Dodge, the juveniles returned to the Trans Am to leave but the Trans Am promptly got stuck in the snow. Attempts by the juveniles to free the Trans Am eventually proved futile, and DC and KP hiked down the mountain, eventually getting a ride from a passerby, and went to their respective houses. DC testified that BE stayed with the Trans Am because BE wanted to continue to try to free the Trans Am.
[¶ 6] BE testified that the Trans Am became stuck in the snow near the Dodge Shadow. After attempts to free the Trans Am failed, the juveniles turned their attention to the Dodge Shadow. BE testified that DC retrieved three tire irons or crowbars from the trunk of the Trans Am, and the three juveniles proceeded to break the windows and exterior lights of the Dodge. BE testified that he saw KP get into the Dodge after it had been unlocked but he did not see KP take anything from inside the Dodge. The juveniles, finished with the Dodge, tried again to free the Trans Am, without success. DC and KP walked down the mountain. BE testified he stayed behind to continue to try to free the Trans Am.
[¶ 7] KP testified that he was not with BE and DC when they went up Casper Mountain and was not involved in any way in vandalizing the Dodge. KP's mother testified that she was certain that KP was home in bed on the night in question. She testified that KP went to bed a little after ten o'clock p.m. and that she would have heard him if he had left the house at any point during the night.
[¶ 8] At the adjudicatory hearing the owner of the Dodge Shadow testified. The owner stated that he bought the car within a month before its vandalism for approximately $300 and that he still owned the Dodge. He also stated that he was able to drive the Dodge off the mountain to his house. The owner did not testify about the condition of the automobile before its vandalism. The owner never testified that the vehicle had been repaired so no actual costs of repair were ever introduced into evidence. The owner stated that, after the vandalism, he called one auto glass repair shop and told a person over the phone that he needed to replace all the glass on the Dodge Shadow. The auto glass repair shop sent him an estimate for the cost of glass replacement in the total amount of $1,684.87. The owner also contacted one repair shop seeking an estimate to replace the exterior lights and fix damage he alleged was done to the interior instrument console. He received an estimate to repair that damage in the total amount of $723.68. Neither repair shop saw the Dodge before submitting its estimate. The written estimates, both dated August 20, 2003, were submitted into evidence through the owner. No representative of either repair shop supplying the estimates testified. No testimony was offered explaining the individualized labor and parts entries of the estimates. The defense did not challenge the introduction of the hearsay repair estimates nor is it challenged in this appeal.
[¶ 9] After the adjudicatory hearing, the juvenile court adjudicated KP delinquent, finding that the State carried its burden of proof as to the felony property destruction claim. The juvenile court found that the State did not prove the burglary claim but did prove the lesser-included offense of criminal entry in violation of Wyo. Stat. Ann. § 6-3-302.3 The juvenile court appointed a Multidisciplinary Team (MDT) in its adjudicatory order. The MDT met once and recommended probation as the appropriate disposition for KP, noting that KP was maintaining stable employment and his employer was willing to supervise KP and allow KP to live with him.
[¶ 10] In its order of disposition, the juvenile court found the amount of damage to the Dodge to be $2,408.56 (it is unclear where the extra penny came from) and ordered KP to pay one third of the damage costs as restitution. The juvenile court further placed KP at the Jeffery C. Wardell Academy in Cheyenne indefinitely and imposed indefinite supervised probation on KP under the supervision of the Department of Family Services. The order does not contain any written reasons why the juvenile court did not accept the recommendation of the MDT, although the juvenile court did orally pronounce limited reasoning why it was not accepting the MDT's proposed disposition. The order of disposition does not contain any reference to a statutory sanction level.
Issues I & III. Sufficiency of evidence of delinquency
[¶ 11] The basic argument presented by KP in his first issue is not a sufficiency of the evidence argument. KP argues it was error to allow the introduction of evidence that both BE and DC pled guilty to allegations stemming from the same incident as the one for which KP was being adjudicated. Rather than an insufficiency of evidence argument, this issue concerns only the admissibility of evidence.
[¶ 12] We review a trial court's determination regarding the introduction of evidence for abuse of discretion. The burden of establishing the trial court abused its discretion is on the...
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