259 P.3d 1178
Wyo.2011Background
- Ford was convicted of seven counts of forgery under Wyo. Stat. § 6-3-602(a)(ii) and (b).
- Counts involve letters on Campbell County Memorial Hospital (CCMH) stationery allegedly certifying counseling services, claimed to be the act of CCMH or authorized by CCMH, to various agencies and courts.
- Evidence showed Ford performed counseling off-site for friends who could not pay CCMH fees; she admitted this and acknowledged it was unethical and unauthorized.
- A stipulation established that all charged individuals actually received counseling from Ford and that CCMH did not suffer monetary loss; the jury was instructed to accept these facts as proved.
- Ford was discharged from CCMH; licenses to practice were under review; no evidence of CCMH authorization for the letters was presented.
- The district court denied Ford’s motion for judgment of acquittal at the close of the State’s case; on appeal the court held the denial improper and reversed with directions to dismiss with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err in denying judgment of acquittal given insufficient forgery elements? | Ford | Ford | Yes; insufficient evidence to prove intent to defraud |
Key Cases Cited
- Dixon v. Williams, 584 P.2d 1078 (Wyoming, 1978) (forgery requires false making and fraudulent intent)
- Grable v. State, 649 P.2d 663 (Wyoming, 1982) (specific intent required; fraudulent intent is essential)
- Taylor v. State, 246 P.3d 596 (Wyoming, 2011) (standard for reviewing denial of judgment of acquittal)