Leavitt v. State
2011 WY 11
| Wyo. | 2011Background
- Leavitt was convicted at a jury trial of felony interference with a peace officer, fleeings/eluding, reckless driving, and marijuana possession, with one reckless endangering count dismissed.
- Police received a report of a vehicle spinning tires outside a home; Officer Jenkins identified Leavitt’s vehicle.
- Jenkins pursued Leavitt, activating lights and sirens after Leavitt increased speed on hospital property; backup was called.
- A prolonged high-speed chase ensued across multiple locations, including Swift Creek Canyon and into Idaho; Deputy Thatcher attempted to stop Leavitt and later was driven at.
- Leavitt was ultimately apprehended after stop sticks flattened two tires and his engine caught fire; he exited and was arrested.
- Leavitt argues the State failed to prove specific intent to bodily injury for felony interference; the State argues circumstantial evidence supports the intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insufficient evidence for felony interference? | Leavitt argues no specific intent proven. | State argues evidence shows intent to bodily injury. | Sufficient evidence supports conviction |
Key Cases Cited
- Gomez v. State, 2010 WY 108 (Wyoming Supreme Court, 2010) (establishes sufficiency standard for review of evidence)
- Garcia v. State, 777 P.2d 1091 (Wyoming Supreme Court, 1989) (specific intent may be inferred from circumstantial evidence)
- Fuller v. State, 568 P.2d 900 (Wyoming Supreme Court, 1977) (no presumption of specific intent; may be inferred from conduct)
- Walter v. State, 811 P.2d 716 (Wyoming Supreme Court, 1991) (driving toward another can indicate intent to injure)