Powell v. State, 2012 WY 106

Appellant worked as RMPS bookkeeper from March 2005 to February 2007; after termination RMPS investigated alleged discrepancies.
Field reconstructed the books back to appellant's tenure, uncovering duplicate paychecks and checks payable to appellant with possible forged signatures.
Law enforcement reviewed personal bank records; 98 checks totaling $78,200 deposited into appellant's account as 'unauthorized' by RMPS; most were issued by Hartsook or Nelson.
Appellant was charged with one count of felony larceny and convicted by a jury; the State sought to prove a taking of money.
Wyoming Supreme Court reversed, holding the State failed to prove a trespassory taking, a necessary element of larceny.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence of a trespassory taking for larceny?	State argued appellant unlawfully took money via unauthorized checks.	Appellant contends no trespassory taking occurred because funds were provided with owner consent and entry did not demonstrate a true taking.	No; lack of trespassory taking requires reversal.

Lahr v. State, 840 P.2d 930 (Wyo. 1992) (reaffirms burden to prove beyond reasonable doubt for theft offences)
Guerrero v. State, 277 P.3d 735 (Wyo. 2012) (clarifies elements of theft offenses and larceny distinctions)
Jones v. State, 256 P.3d 527 (Wyo. 2011) (distinguishes larceny elements and the need for trespassory taking)
Wells v. State, 613 P.2d 201 (Wyo. 1980) (discusses taking and asportation elements in larceny)
Swanson v. State, 981 P.2d 475 (Wyo. 1999) (employs same-check scenario where unauthorized checks led to larceny)