Yetter v. State, 98-270.
| Decision Date | 03 September 1999 |
| Docket Number | No. 98-270.,98-270. |
| Citation | 987 P.2d 666 |
| Parties | Theresa YETTER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Sylvia Lee Hackl, State Public Defender; Donna D. Domonkos, Appellate Counsel; Diane E. Courselle, Director of the Wyoming Defender Aid Program; and Joseph S. Huey, Student Intern for the Wyoming Defender Aid Program.
Gay Woodhouse, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Theodore E. Lauer, Director of the Prosecution Assistance Program; and Theodore C. Preston, Student Intern for the Prosecution Assistance Program.
Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and HILL, JJ.
Appellant Theresa Yetter appeals from the amended judgment and sentence entered by the trial court after a jury found her guilty of interference with a peace officer.
We affirm.
Yetter presents the following issues for our review:
Near midnight on November 4, 1997, William Motley, a police officer for the Town of Thermopolis, noticed a vehicle moving slowly and weaving in its lane on a Thermopolis street. Yetter was driving the vehicle. The officer decided to stop the car after he observed it straddle the dotted white line between the two west-bound lanes. He activated his overhead lights, but Yetter did not stop. When Yetter left the town limits, Officer Motley also activated his siren.
Approximately one mile out of town, Yetter turned into the Sage Valley Subdivision. She claimed that she did not notice the patrol vehicle's lights until she neared the turnoff for the subdivision. She did not stop when she saw the lights because her house was a just short distance away and she wanted to get her children home. Yetter stopped her vehicle in front of her house. Officer Motley directed the occupants of Yetter's vehicle to remain inside the car. Ignoring the officer's instruction, Yetter got out of the vehicle and allowed her children to get out and go to the house. Yetter's husband, who was intoxicated, remained in the vehicle.
Officer Motley requested Yetter's registration, proof of insurance, and driver's license. Yetter gave him her registration and proof of insurance and stated that her license was in the house. Officer Motley directed Yetter to remain next to her vehicle, and he returned to his patrol car to ask the dispatcher to check Yetter's driver's license. While Officer Motley was waiting for the license check, he returned to the vehicle and spoke with Yetter's husband. Yetter left the vehicle and went to the house to check on the children while the two men were conversing.
The dispatcher informed Officer Motley that Yetter's license had been suspended. The officer then ran to the house, told Yetter that she was under arrest, and grabbed her wrist. He succeeded in securing one of Yetter's wrists with handcuffs, but he could not restrain the other wrist because Yetter was struggling with him. The officer placed Yetter over the hood of a car and handcuffed her other wrist. During this episode, Yetter's children became very upset. They yelled at Officer Motley, and one of the children threw a squirt gun, striking the officer. Officer Motley threatened to spray Yetter with pepper spray if she did not cooperate. Yetter's husband declared that the officer was using excessive force and threatened to hit him.
Officer Motley proceeded to escort Yetter to his patrol car. She did not cooperate and "flopped" herself down on the ground. She also resisted being placed inside the car, and, after the officer got her into the car, she put her foot on the door hinge to prevent him from closing the door. At some point during the struggle, the officer sprayed Yetter with pepper spray.
Deputy Sheriff Tom Christensen and Undersheriff Michael Raymond arrived at the scene to assist Officer Motley. The officers noticed that Yetter had removed the handcuffs from one of her wrists while she was inside the patrol car. Officer Motley and Deputy Sheriff Christensen got Yetter out of the car and replaced the handcuffs. Yetter stated that she was unwilling to ride to the jail with Officer Motley but that she would ride with Undersheriff Raymond.
When they arrived at the jail, Yetter was allowed to wash her face and rinse her eyes. The officer in charge of the jail noticed that Yetter had bruises, scratches, and red marks on her body. Nevertheless, when Undersheriff Raymond inquired as to whether she was injured, Yetter stated only that her arms and shoulders were sore. She subsequently received medical attention for her injuries.
The Town of Thermopolis charged Yetter with driving while under the influence of alcohol, driving while under suspension, and eluding police. Pursuant to a plea agreement, Yetter pleaded guilty in the municipal court to the charge of eluding police in exchange for having the other two charges dismissed. The county attorney charged Yetter for interference with a peace officer under Wyo. Stat. Ann. § 6-5-204(a) (LEXIS 1999). She pleaded not guilty to the charge, and the trial court held a jury trial in May 1998. The jury found her guilty of the crime, and the trial court entered a judgment against Yetter and sentenced her. The trial court subsequently filed an amended judgment and sentence, and Yetter appealed to this Court.
Yetter claims that the trial court improperly deprived her of the opportunity to put on a defense when it refused to give one of her proposed self-defense instructions to the jury. The state maintains that the trial court's refusal to give the jury instruction was appropriate because the evidence did not support giving the instruction and that, in any event, Yetter's theory of defense was presented to the jury in another instruction. We agree with the state.
Yetter filed a number of instructions with the trial court. The trial court did not submit one of her proposed instructions addressing the law of self-defense to the jury. The jury instruction conference was not recorded, and Yetter did not object on the record to the trial court's refusal to give the instruction. We must, therefore, apply the plain error standard in order to review this issue. "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 the error was denied a substantial right which materially prejudiced him." Sandy v. State, 870 P.2d 352, 358 (Wyo.1994); see also Hodges v. State, 904 P.2d 334, 341 (Wyo.1995)
. This issue can be resolved by turning directly to the second element of the plain error test; i.e., whether a clear and unequivocal rule of law was transgressed.
Gilliam v. State, 890 P.2d 1104, 1108 (Wyo. 1995) (citation omitted); see also Candelaria v. State, 895 P.2d 434, 437 (Wyo.1995)
. Weak or inconclusive evidence may justify instructing the jury on self-defense; however, an instruction need not be given unless a reasonable person could conclude that the evidence presented at trial supports the defendant's position. Ortega v. State, 966 P.2d 961, 966 (Wyo.1998); Chavez-Becerra v. State, 924 P.2d 63, 67 (Wyo.1996). In determining if a defendant is entitled to an instruction, we view the evidence in a light favorable to the accused. Id.
In this case, the jury was instructed in relevant part as follows:
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