446 P.3d 179
Wyo.2019Background
- Thomas and Lucinda Collins sold their motorcycle repair business to Rebel Kuebel on contract; they retained several motorcycles and left them in a locked shed on the sold property.
- After Kuebel defaulted, the Collinses repossessed the property and discovered the 1988 Harley missing many essential parts and two Norton motorcycles absent; parts later surfaced or were partly returned.
- Kuebel was charged with multiple theft and property-destruction counts; jury convicted him of misdemeanor theft of a 1972 Norton and felony property destruction of the 1988 Harley; acquitted on destruction of a 1979 Harley.
- Sentences: suspended 4–6 year felony term (probation) for destruction; suspended 180-day misdemeanor sentence (probation) for theft; restitution ordered—$9,600 (1988 Harley) and $2,500 (1972 Norton).
- Kuebel appealed, raising claims of prosecutorial misconduct (nonresponsive/hearsay testimony), insufficiency of evidence (disassembly vs destruction; ownership of the Norton), and that restitution exceeded permissible amount for a misdemeanor.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Kuebel) | Held |
|---|---|---|---|
| Prosecutorial misconduct for nonresponsive/hearsay answers | No misconduct; answers were unsolicited/spontaneous and cured by court instructions | Prosecutor failed to control witnesses; cumulative nonresponsive/hearsay answers prejudiced trial | No misconduct; district court cured by sustaining objections and striking/instructing jury to disregard; denial of mistrial affirmed |
| Property destruction of 1988 Harley: does disassembly equal destruction/injury? | Evidence showed substantial parts missing and repair costs $10k–$15k; disassembly materially impaired the bike | Only disassembled; can be reassembled therefore not "destroyed" | Affirmed: disassembly that materially impairs/restores value satisfies "injure"/destruction under the statute |
| Theft of 1972 Norton: did Collinses retain ownership after sale? | Collinses retained titles and treated motorcycles as retained property; contract would list VINs if transferred | Sale of business included parts/inventory, which Kuebel says encompassed the Nortons | Affirmed: substantial evidence (titles, testimony, contract interpretation) supported jury finding Collinses retained ownership |
| Restitution exceeding misdemeanor threshold ($1,000) | Restitution may be based on preponderance of evidence and need not be limited to amount proven beyond reasonable doubt at trial | Court limited by misdemeanor conviction; restitution should not exceed amount for that grade | Affirmed: restitution may exceed value required for conviction; court may order amount supported by preponderance of evidence; $2,500 restitution upheld |
Key Cases Cited
- King v. State, 417 P.3d 657 (Wyo. 2018) (standard for reviewing prosecutorial misconduct and harmless error)
- Black v. State, 405 P.3d 1045 (Wyo. 2017) (harmless error and substantial-rights analysis)
- Foltz v. State, 407 P.3d 398 (Wyo. 2017) (standard for sufficiency of evidence / denial of judgment of acquittal)
- Hyatt v. State, 422 P.3d 524 (Wyo. 2018) (accepting State's evidence and inferences on sufficiency review)
- Christian v. State, 883 P.2d 376 (Wyo. 1994) (construction of "injure" in property-destruction statute)
- Nelson v. State, 245 P.3d 282 (Wyo. 2010) (prosecutor responsibility to control witnesses re: Rule 404(b) evidence)
- Schreibvogel v. State, 228 P.3d 874 (Wyo. 2010) (unsolicited/nonresponsive testimony not necessarily foreseeable by prosecutor)
- Reay v. State, 176 P.3d 647 (Wyo. 2008) (distinguishing unanticipated nonresponsive testimony)
- Martin v. State, 149 P.3d 707 (Wyo. 2007) (unsolicited prejudicial answer; denial of mistrial affirmed)
- Carrier v. State, 400 P.3d 358 (Wyo. 2017) (jurors generally follow curative instructions)
- Dowling v. United States, 493 U.S. 342 (1990) (different burdens for conviction vs civil/preponderance uses of evidence; context on reuse of evidence)