Guerrero v. State, 2012 WY 77

Guerrero was convicted of felony larceny under Wyo. Stat. § 6-3-402(a) and sentenced to prison, later suspended to probation.
He was a Tortilla Factory server who handled customer payments and computer logs showing voids/discounts.
The State alleged Guerrero stole money by voiding/discounting orders without customers’ knowledge.
The district court instructed the jury on the elements with “stole” but omitted “taking and carrying away,” a key element.
Evidence showed Guerrero’s voids/discounts were not tied to the restaurant’s possession of cash, challenging the taking element.
This Court reversed Guerrero’s conviction, holding the evidence did not prove taking (caption) rather than conversion (asportation) and remanded with instruction to enter not guilty.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the jury instruction properly stated the elements of larceny.	State: omission of taking and carrying away violated law	Guerrero: instruction error prejudicial	Plain error not required; conviction reversed on sufficiency grounds
Whether the evidence proved taking and carrying away beyond a reasonable doubt.	State: evidence showed misappropriation	Guerrero: no evidence of Tortilla Factory possession, only conversion	Evidence insufficient; acquittal warranted; remand for not guilty

Granzer v. State, 2008 WY 118 (Wy. 2008) (plain-error standard; taking and carrying away element required)
Jones v. State, 2011 WY 114 (Wy. 2011) (instructional error; plain error analysis)
Javorina v. State, 2008 WY 35 (Wy. 2008) (elements of larceny; taking and carrying away)
Mendicoa v. State, 1989 (Wy. 1989) (elemental requirements of larceny)
Reppkie v. State, 1978 (Wy. 1978) (interpretation of larceny elements)
Murdock v. State, 1960 (Wy. 1960) (historical elements of larceny)
Lahr v. State, 1992 (Wy. 1992) (statutory consolidation; proof of specific crime)