Carlos Yammon Pena v. The State of Wyoming
2013 WY 4
| Wyo. | 2013Background
- Peña was convicted of felony larceny for taking Jerry Gross’s 2005 maroon Ford F-250 without permission.
- Peña, 19, took the truck to visit his girlfriend Kaitlyn, later staying with her in Rapid City and other locations for about a month.
- He removed decals and later advertised parts of the truck for sale on Craigslist, suggesting an intent to deprive or conceal ownership.
- A Louisiana BOLO linked to Peña led to his arrest when stopped driving the truck; he later admitted theft in Louisiana but gave inconsistent ownership excuses.
- The jury was instructed on felony larceny elements, including intent to deprive of property worth $1,000 or more.
- Peña moved for a new trial alleging juror exposure to prejudicial information; the district court held the issue waived for failure to raise it during trial; the conviction was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for intent to deprive | Peña argues evidence shows only unauthorized use, not intent to deprive | State argues circumstantial evidence supports intent to deprive | Evidence sufficient to prove intent to deprive beyond reasonable doubt |
| Waiver of new-trial claim for juror exposure | Peña asserts trial court should evaluate juror exposure issues | State contends waiver due to failure to raise during trial | District court did not err; waiver applies; affirmance of conviction |
Key Cases Cited
- Swanson v. State, 981 P.2d 475 (Wyo. 1999) (requires proof of intent to deprive and permits inference from circumstantial evidence)
- Powell v. State, 282 P.3d 163 (Wyo. 2012) (reaffirms sufficiency standard for larceny)
- Jones v. State, 256 P.3d 527 (Wyo. 2011) (evidentiary sufficiency governs both direct and circumstantial proofs)
- Wetherelt v. State, 864 P.2d 449 (Wyo. 1993) (concealment and related conduct support inference of depriving intent)
- Merchant v. State, 4 P.3d 184 (Wyo. 2000) (temporary deprivation can support intent to deprive)
- Wentworth v. State, 975 P.2d 22 (Wyo. 1999) (supports inference of deprive from conduct)
- Inman v. State, 2012 WY 107, 281 P.3d 745 (Wyo. 2012) (administrative standard for review of trial-court discretion)
- Flaim v. State, 488 P.2d 153 (Wyo. 1971) (discretionary review of rule-based rulings in new-trial motions)
- United States v. Costa, 890 F.2d 480 (1st Cir. 1989) (trial-record notice rule for juror misconduct)