Rodgers v. State
2011 WY 158
| Wyo. | 2011Background
- Rodgers was convicted of check fraud, DUI, felony identity theft, and two forgery counts; appeal challenged evidentiary sufficiency and Rule 48(b) speedy-trial issues; EFS Transcheck was used to attempt a payment not valid as a traditional check; clerk assisted filling the instrument after Rodgers relayed numbers; $300 was paid for the unverified check.
- Rodgers used aliases, including Earl Hood, and presented a Texas ID; real Earl Hood later identified the misidentification; authorities discovered multiple aliases across states.
- Initial charges in Wyoming were misdemeanor DUI and check fraud; Rodgers pled guilty to DUI and the check-fraud plea was not accepted due to insufficient factual basis; he left Wyoming and extradition followed.
- After fingerprints and records were checked, the State dismissed the original check-fraud and DUI charges against Hood’s identity and recharged Rodgers under his true name with five counts: felony identity theft, two forgery counts, and the two misdemeanor charges; competency evaluation occurred before trial.
- Trial proceeded with Rodgers testifying and conceding DUI guilt but challenging other charges; jury convicted all five charges; sentencing followed with misdemeanors separately and felonies served consecutively; on appeal, some convictions were reversed and remanded for resentencing on a misdemeanor identity-theft conviction; other convictions affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Check-fraud elements—information sufficiency | Rodgers argues information and proof failed on element 5 (check is less than $1,000) and element 6 (drawer status) | Rodgers contends the EFS check isn’t a 'check' and he wasn’t the drawer | Reversed for check-fraud conviction; insufficient proof of essential elements |
| Check definition applicability | Information and trial reflected standard check definition | EFS instrument not an unconditional order to pay as defined | EFS check not a 'check' under § 6-3-701(a)(i); check-fraud conviction reversed |
| Economic benefit—identity theft felonious grading | Economic benefit from Hood identity exceeded $1,000 to justify felony grading | Avoidance of fines in earlier cases does not equal financial gain | Felony identity theft reversed; misdemeanor identity theft conviction entered instead |
| Speedy-trial—Rule 48(b) compliance | Rule 48(b) clock was violated by delay | Court properly continued to allow competency evaluation and due administration of justice | Speedy-trial claim rejected; continuance within Rule 48(b)(4) allowed |
| Overall conviction integrity (final sentencing) | Affirmed DUI and forgery convictions; remanded for resentencing on misdemeanor identity theft; other reversals completed. |
Key Cases Cited
- Dettloff v. State, 2007 WY 29 (Wy. 2007) (sufficiency of evidence standard; review not to substitute judgment)
- Statezny v. State, 2001 WY 22 (Wy. 2001) (evidentiary review and standard of proof in criminal cases)
- Pryor v. State, 2009 WY 95 (Wy. 2009) (evidentiary sufficiency; standard of review for conviction)
- Conine v. State, 2008 WY 146 (Wy. 2008) (general principles of sufficiency and statutory interpretation)
- Dougherty v. State, 2010 WY 116 (Wy. 2010) (statutory interpretation; de novo review of questions of law)
- Hauck v. State, 2001 WY 119 (Wy. 2001) (speedy-trial and continuances under Rule 48(b))
- Rivera v. State, 846 P.2d 1 (Wy. 1993) (statutory interpretation; plain meaning governs)