422 P.3d 524
Wyo.2018Background
- Around 10:00 p.m. on Oct. 16, 2016, two witnesses (Chase and Rick Stricklin) reported a reckless, older 1980s brown/two-tone Chevrolet pickup driving through fields and around Rock River; they submitted REDDI reports to police.
- Trooper Petruso, responding to the REDDI report, found a matching two-tone brown 1980s Chevy pickup parked off Highway 30 about 0.4 miles south of Rock River ~33 minutes after the report; the truck was not running.
- Chad Hyatt was in the passenger-side area, slouched but awake, with red, bloodshot eyes, slurred speech, open beer cans present, and a strong odor of an alcoholic beverage; he made statements that he "pulled over" after running out of gas and at times implied he had been drinking in the truck.
- Hyatt declined field sobriety tests, was arrested, and gave a breath sample after a warrant; breath test at 12:34 a.m. gave a BAC of 0.116%.
- Forensic testimony estimated Hyatt’s BAC at the time Trooper Petruso found him (10:52 p.m.) would have been between approximately 0.127 and 0.158, and at the time of the REDDI reports between about 0.133 and 0.144 (assuming no drinking after the report).
- Jury convicted Hyatt of DUI (fourth or subsequent within ten years); district court sentenced him to 6–7 years. Hyatt appealed sufficiency of the evidence; the Wyoming Supreme Court affirmed.
Issues
| Issue | State's Argument | Hyatt's Argument | Held |
|---|---|---|---|
| 1. Whether the truck found was the same truck described in the REDDI reports | Truck description (1980s brown/possibly two-tone Chevy), direction of travel, and location matched the REDDI report; Trooper found the truck south of Rock River where witnesses last saw it | Witness descriptions were too vague from distance; other vehicles were seen that night so identification was not certain | Sufficient evidence for a jury to infer the truck was the reported vehicle; conviction affirmed |
| 2. Whether Hyatt was the driver of the truck | Circumstantial evidence: Hyatt in truck, statements that he "pulled over" after running out of gas, inability to substantiate alternative-driver claim, and evidence of tampered wiring suggesting truck could be started without keys | No witness saw the driver; Hyatt claimed a friend drove and walked for fuel; no direct identification of Hyatt as driver | Circumstantial evidence permitted a reasonable jury to find Hyatt was the driver; conviction affirmed |
| 3. Whether Hyatt was intoxicated while driving (timing of intoxication) | Breath test and toxicologist’s retrograde calculations support BAC >0.08 at time Trooper encountered him and at time of REDDI report; officers observed signs of intoxication | BAC was measured well after the REDDI report; State did not prove Hyatt was over 0.08 while driving earlier | Expert estimates plus observed impairment allowed a reasonable jury to find Hyatt was legally intoxicated while driving; conviction affirmed |
Key Cases Cited
- Villarreal v. State, 398 P.3d 512 (Wyo. 2017) (standard for reviewing sufficiency of the evidence)
- Bean v. State, 373 P.3d 372 (Wyo. 2016) (deference to jury and acceptance of State’s evidence on review)
- Guerrero v. State, 277 P.3d 735 (Wyo. 2012) (sufficiency review applies to circumstantial evidence)
- Hill v. State, 371 P.3d 553 (Wyo. 2016) (clarifies appellate sufficiency standard)
- Levengood v. State, 336 P.3d 1201 (Wyo. 2014) (appellate sufficiency framework)
- Oldman v. State, 359 P.3d 964 (Wyo. 2015) (assumes jury believed evidence adverse to defendant)
- Snell v. State, 322 P.3d 38 (Wyo. 2014) (probable cause affidavit insufficient where nexus to driver not shown)
- Craft v. State, 298 P.3d 825 (Wyo. 2013) (identity may be proved by circumstantial evidence)
- Coleman v. State, 741 P.2d 99 (Wyo. 1987) (identity by inference from circumstantial evidence)
- Campbell v. State, 589 P.2d 358 (Wyo. 1979) (same)
- Barrowes v. State, 390 P.3d 1126 (Wyo. 2017) (accept State’s evidence on sufficiency review)
- Conine v. State, 197 P.3d 156 (Wyo. 2008) (jury resolves testimonial conflicts)
- Widdison v. State, 410 P.3d 1205 (Wyo. 2018) (jury factfinding and credibility determinations)