Garnica v. State
2011 WY 85
Wyo.2011Background
- Garnica was charged with two counts of unlawfully touching a household member for a third or subsequent time under § 6-2-501(b) and (f)(ii) after two domestic-violence episodes with his ex-wife in 2009.
- During trial, the jury asked whether spitting could constitute unlawful touch; the court and parties discovered an inaccurate statutory citation in Count II.
- The second count referenced pre-amendment language; the amended statute relocated unlawful touching to subsection (g) effective July 1, 2009, requiring a citation to § 6-2-501(g)(i).
- The court allowed the State to amend the Information and substituted Jury Instruction 8a for Instruction 8 to reflect the correct subsection before resuming deliberations.
- Garnica was convicted by the jury of two counts of unlawful touching, then enhanced to felonies under § 6-2-501(f)(ii) due to prior DV convictions, and sentenced to consecutive 2-to-5-year terms.
- Garnica appeals on claims that the late amendment prejudiced him and that the sentence under count II was illegal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amendment of the Information after deliberations was reversible error | Garnica contends amendment after deliberations prejudiced defense and altered charges. | Garnica argues amendment was improper and changed the offense charged. | No reversible error; amendment was harmless and did not charge a new offense. |
| Whether the sentence on Count II was illegal | State argues unlawful touching (g) can enhance to a felony under (f)(ii) when tied to multiple batteries. | Garnica asserts unlawful touching under (g) cannot be enhanced to a felony, and the sentence exceeds statutory limits. | Sentence on Count II was illegal; remand for resentencing consistent with § 6-2-501(f)(ii) and (h). |
Key Cases Cited
- Temen v. State, 201 P.3d 1139 (Wyoming Supreme Court 2009) (abuse of discretion standard for amendment of information)
- Wilkening v. State, 120 P.3d 680 (Wyoming Supreme Court 2005) (abuse of discretion in trial rulings; standard from Burton)
- Capwell v. State, 686 P.2d 1148 (Wyoming Supreme Court 1984) (nonfatal charging errors; harmless charging error not reversible)
- Spagner v. State, 200 P.3d 793 (Wyoming Supreme Court 2009) (informational amendments; harmless error approach)
- Tyner v. State, 252 P.3d 935 (Wyoming Supreme Court 2011) (statutory interpretation and plain meaning; de novo review)