Nicholas M. Montee v. The State of Wyoming, 2013 WY 74

Montee convicted of second-degree arson; appeals on evidentiary sufficiency; jury instruction allowed circumstantial proof of intent.
Estate of his deceased mother—Montee as personal representative; home property was minor asset with little value; he financed estate expenses and paid mortgage.
Fire occurred Feb 13, 2011; Montee was last at the home within an hour before report; he renewed and claimed fire-insurance coverage shortly before the incident; claimed insurance proceeds were involved.
Detective Thomas and Rick Baldwin investigated; multiple possible origins noted but arson suspected due to lack of natural causes and presence of accelerants; new insurance policy shortly before fire.
Montee admitted to starting the fire in trial interview by kitchen stove; he denied starting in mother’s bedroom closet; experts offered competing hypotheses on origin but concurrence on arson intent remained.
Jury found Montee guilty; three to five years’ term suspended to probation; standard of review applied for sufficiency of evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence of intent to arson?	Montee argues evidence only circumstantial for intent.	State contends circumstantial evidence supports intent.	Yes; evidence shows deliberate acts and admissions supporting intent.

Guerrero v. State, 277 P.3d 735 (Wy. 2012) (standard for sufficiency; accept State evidence and infer reasonable facts)
Anderson v. State, 216 P.3d 1143 (Wy. 2009) (circumstantial proof of intent permissible)
Browning v. State, 32 P.3d 1061 (Wy. 2001) (intent can be proven circumstantially)
Wentworth v. State, 975 P.2d 22 (Wy. 1999) (circumstantial evidence often only proof available)
Remmick v. State, 275 P.3d 467 (Wy. 2012) (circumstantial evidence adequately proves intent)
Vialpando v. State, 494 P.2d 939 (Wy. 1972) (arson evidence often circumstantial)
Aden v. State, 717 P.2d 326 (Wy. 1986) (jury credibility resolves conflicts in evidence)