MBP v. State
Decision Date | 20 September 2022 |
Docket Number | S-22-0021 |
Parties | IN THE INTEREST OF: MBP, Appellant (Defendant), v. THE STATE OF WYOMING, Appellee (Plaintiff). |
Court | Wyoming Supreme Court |
Appeal from the District Court of Sweetwater County The Honorable Susannah G. Robinson, Judge
Representing Appellant:
Office of Public Defender: Diane M. Lozano, State Public Defender Kirk A. Morgan, Chief Appellate Counsel; Robin S. Cooper Senior Assistant Appellate Counsel.
Representing Appellee:
Bridget L. Hill, Attorney General; Jenny L. Craig, Deputy Attorney General; Joshua C. Eames [*] , Senior Assistant Attorney General; Catherine M. Mercer [**] , Assistant Attorney General.
Before FOX, C.J., and KAUTZ, BOOMGAARDEN, GRAY, and FENN, JJ.
[¶1] MBP, a juvenile, was adjudicated delinquent for fighting in public. As part of MBP's disposition, the juvenile court placed him on supervised probation for three to six months. MBP appeals from the disposition and argues the evidence is insufficient to establish an agreement to fight. He further contends the juvenile court erred when it imposed a range of months for his sanction of probation. We affirm.
[¶2] MBP presents two issues on appeal, which we state as follows:
[¶3] On April 28, 2021, MBP and RV were both eighth-grade students at the public middle school in Sweetwater County, Wyoming, when they fought in the hallway of the school. The State filed a delinquency petition in juvenile court alleging MBP committed a delinquent act by fighting in public in violation of Wyoming Statute § 6-6-101 (LexisNexis 2019).
[¶4] MBP, RV, and another student testified at the adjudicatory hearing. The juvenile court also received a surveillance video of the fight. MBP claimed RV was the aggressor, and he acted in self-defense. The juvenile court found:
[¶5] During the dispositional phase, the juvenile court found the offense constituted a sanction level-one offense. It held: "[MBP] should be placed on probation consistent with that low-level offense which in this case would be not less than three nor more than six months of supervised probation to be supervised by juvenile probation." The juvenile court clarified The court entered its order of disposition on August 30, 2021. This appeal timely followed.
[¶6] When reviewing a claim that the evidence was insufficient to support an adjudication of delinquency, we use the same standards and principles that are applicable to cases tried to a jury. In re CG, 2011 WY 28, ¶ 10, 248 P.3d 186, 188-89 (Wyo. 2011) (quoting Trumbull v. State, 2009 WY 103, ¶ 9, 214 P.3d 978, 980 (Wyo. 2009)). We decide whether the evidence could reasonably support the finding by the factfinder. Neidlinger v. State, 2021 WY 39, ¶ 22, 482 P.3d 337, 344 (Wyo. 2021); Gore v. State, 2019 WY 110, ¶ 9, 450 P.3d 1251, 1253 (Wyo. 2019).
This Court examines the evidence in the light most favorable to the State. We accept all evidence favorable to the State as true and give the State's evidence every favorable inference which can reasonably and fairly be drawn from it. We also disregard any evidence favorable to the appellant that conflicts with the State's evidence.
Cotney v. State, 2022 WY 17, ¶ 9, 503 P.3d 58, 63 (Wyo. 2022) (quoting Birch v. State, 2018 WY 73, ¶ 25, 421 P.3d 528, 536 (Wyo. 2018)); CG, ¶ 10, 248 P.3d at 188-89. "We defer to the credibility determination of the juvenile court." In re DT, 2017 WY 36, ¶ 33, 391 P.3d 1136, 1146 (Wyo. 2017).
[¶7] "[J]uvenile proceedings require[] broad judicial discretion to accommodate the unique rehabilitative needs of juveniles." In re CT, 2006 WY 101, ¶ 10, 140 P.3d 643, 647 (Wyo. 2006) (quoting In re ALJ, 836 P.2d 307, 311 (Wyo. 1992)). We review a juvenile court's discretionary decision for an abuse of discretion and will not overturn such a decision unless it exceeds the bounds of reason under the circumstances. See Dobbins v. State, 2012 WY 110, ¶ 29, 298 P.3d 807, 815 (Wyo. 2012) (quoting Van Haele v. State, 2004 WY 59, ¶ 15, 90 P.3d 708, 713 (Wyo. 2004); KP v. State, 2004 WY 165, ¶ 12, 102 P.3d 217, 221 (Wyo. 2004).
[¶8] "A juvenile court enjoys broad discretion in formulating a disposition for a juvenile adjudged delinquent." In re KC, 2011 WY 108, ¶ 7, 257 P.3d 23, 25-26 (Wyo. 2011). Such discretion is limited, however, inasmuch as "[a] juvenile court cannot enter a disposition that runs counter to law." Id. We review whether a disposition is contrary to law de novo. Id. If a juvenile court enters a disposition contrary to law, such a decision amounts to an abuse of discretion. Id. (quoting CT, ¶ 8, 140 P.3d at 646).
[¶9] "If there was no objection below, alleged errors are reviewed under our plain error standard, where the appellant must show (1) a clear record of the alleged error; (2) the violation of a clear and unequivocal rule of law; (3) denial of a substantial right; and (4) material prejudice." CT, ¶ 8, 140 P.3d at 646; KP, ¶ 13, 102 P.3d at 221. "To the extent the issues concern a . . . question of law, our review is de novo." CG, ¶ 10, 248 P.3d at 188-89.
[¶10] The juvenile court adjudicated MBP delinquent for fighting in public pursuant to Wyoming Statute § 6-6-101. It placed MBP "on supervised probation for a period of not less than three months and not more than six months." MBP argues the evidence is insufficient to support the adjudication. He further contends the sentence imposed is contrary to law.
[¶11] A person commits the crime of fighting in public "if by agreement, he fights with one (1) or more persons in public." Wyo. Stat. Ann. § 6-6-101 (emphasis added). The juvenile court found beyond a reasonable doubt that the interaction between the two boys "was an implied agreement . . . that they were going to fight each other in a public place." MBP challenges the juvenile court's finding and argues there was no evidence of either an explicit or implicit agreement. While he concede...
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