351 P.3d 288
Wyo.2015Background
- Nickels was convicted by a jury of strangulation of a household member.
- He challenges the district court’s refusal to instruct on the lesser offense of battery.
- Victim Diana Evans was in a long-term dating relationship with Nickels; incident occurred Oct. 21, 2013 in Torrington, Wyoming.
- Nickels allegedly pressed on the victim’s neck, impeding breathing and demanding money, before leaving.
- Police and EMS responded; the victim suffered neck injuries and pain but initially refused hospital transport.
- Trial occurred March 24, 2014; the court refused the lesser offense instruction; Nickels was convicted and appealed; standard of review was de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court should have given a battery instruction as a lesser included offense | Nickels (State) urged the lesser instruction was warranted | Nickels contends evidence supported battery as lesser included | No; insufficient evidence to warrant lesser instruction |
Key Cases Cited
- Keffer v. State, 860 P.2d 1118 (Wyo. 1993) (test for lesser included offenses via statutory elements and minimal evidence)
- Dean v. State, 77 P.3d 692 (Wyo. 2003) (adopts flexible approach; requires minimal evidentiary support)
- Chapman v. United States, 615 F.2d 1294 (10th Cir. 1980) (five-part test for lesser included offenses (contextual))
- Silva v. State, 271 P.3d 443 (Wyo. 2012) (discusses Blockburger and lesser-included analysis)
- Blockburger v. United States, 284 U.S. 299 (1932) (basis for legislative offense inclusion test)
- Schmuck v. United States, 489 U.S. 705 (1989) (elements test for lesser included offenses)