287 P.3d 746
Wyo.2012Background
- Venegas charged with a fourth felony DUI; district court denied suppression motion.
- Officer stopped Venegas after a citizen informant alleged Venegas was about to drive drunk and nearly hit the officer.
- Informant approached on the street, identified Venegas’s truck near Buckhorn Bar, provided specific facts predicting future behavior.
- Officer observed Venegas almost hit him, smelled alcohol, noticed red, glassy eyes and blood on clothing; Venegas refused SFSTs and portable breath testing; later refused chemical testing at jail.
- Venegas moved to suppress as based on an unidentified informant; jury found him guilty; new-trial motion denied; sentencing 18–24 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was valid given an anonymous informant. | Venegas | Venegas | Motion to suppress properly denied; reasonable suspicion established. |
| Whether there was sufficient evidence to convict for DUI. | Venegas | State | Yes; evidence supported conviction beyond reasonable doubt. |
| Whether the district court erred in denying a new-trial motion due to insufficient evidence. | Venegas | Venegas | Claim abandoned; not argued with cogent analysis. |
Key Cases Cited
- McGarvey v. State, 200 P.3d 785 (Wy. 2009) (standard for reviewing suppression findings)
- Sam v. State, 177 P.3d 1173 (Wyo. 2008) (lawfulness of searches; de novo review of legality)
- Fenton v. State, 154 P.3d 974 (Wyo. 2007) (reliability of informants; two-step analysis)
- Pena v. State, 98 P.3d 857 (Wyo. 2004) (corroboration and informant reliability standard)
- Lovato v. State, 269 P.3d 426 (Wyo. 2012) (reasonable suspicion totality-of-circumstances)
- Fender v. State, 74 P.3d 1220 (Wyo. 2003) (totality-of-the-circumstances standard for reasonable suspicion)
- McChesney v. State, 988 P.2d 1071 (Wyo. 1999) (anonymous informant vs identified informant reliability)
- Robison v. State, 246 P.3d 259 (Wyo. 2011) (face-to-face informant credibility; corroboration)
- Damato v. State, 64 P.3d 700 (Wyo. 2003) (Fourth Amendment stop analysis; two-part test)
- Delaware v. Prouse, 440 U.S. 648 (U.S. Supreme Court, 1979) (validity of traffic stops and seizure)