Sean Wayne Weston v. The State of Wyoming, 451 P.3d 758

In spring–summer 2015 Weston (29) and a 15‑year‑old met and exchanged sexually explicit Facebook messages in which Weston repeatedly described wanting intercourse and oral sex and urged the victim to sneak away from her home.
On June 24, 2015 they planned a rendezvous at the Pines Apartments; Weston showered and began driving toward the meeting point but left when the victim falsely said police were at her house.
Similar communications continued; on July 26 they were at a park texting but did not meet.
Law enforcement discovered the Facebook messages during an unrelated investigation; Weston was charged with attempted sexual abuse of a minor in the second degree.
A jury convicted Weston; he was sentenced to 18 months to 5 years and appealed, raising sufficiency of evidence, jury‑instruction error, and ineffective assistance claims.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Weston)	Held
1. Sufficiency of evidence for attempted 2nd‑degree sexual abuse	Messages + actions (planned pickup, shower, driving) show specific intent and substantial step	Messages alone insufficient; no completed sexual act and not enough to prove intent/substantial step	Evidence sufficient; conviction upheld
2. Jury instructions correctness	Instructions adequately conveyed elements	Court failed to define “substantial step” and Instruction 20 improperly recast the underlying crime as "attempted"	Court: instructions were legally incorrect (failed to define substantial step; confused attempt vs. object crime)
3. Defense counsel performance on instructions	No claim the State	Weston: counsel erred by not objecting/clarifying instructions	Court did not resolve deficient performance in detail; proceeded to prejudice analysis
4. Prejudice from instruction error / ineffective assistance	No prejudice because evidence overwhelming	Error prejudiced Weston's right to correct jury guidance	No prejudice found; overwhelming evidence made different instructions unlikely to change verdict; conviction affirmed

Compton v. State, 931 P.2d 936 (Wyo. 1997) (trial court must provide statutory definition of "substantial step" when instructing on attempt; combining elements may be permissible if clear)
Adams v. State, 117 P.3d 1210 (Wyo. 2005) (online communications showing intent plus driving to meeting place suffice to prove attempt)
Gentilini v. State, 231 P.3d 1280 (Wyo. 2010) (slight acts in furtherance of clearly shown intent can constitute a substantial step)
Bueno‑Hernandez v. State, 724 P.2d 1132 (Wyo. 1986) (discussed attempted sexual assault and relationship between attempted and completed offenses)
Rhodes v. State, 348 P.3d 404 (Wyo. 2015) (acquittal on attempted sexual‑abuse charge distinguished where explicit intent to commit sexual intrusion was absent)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes deficient performance and prejudice test for ineffective assistance of counsel)
Thompson v. State, 408 P.3d 756 (Wyo. 2018) (standard for appellate review of sufficiency: view evidence in light most favorable to the State)