Zacharia Lee Johnson v. State, 356 P.3d 767

On March 4, 2013 Robert Masterson was stabbed multiple times in his Casper apartment and suffered life-threatening injuries.
Neighbor Pamela Nemetz saw two white males go to Masterson’s door; she later identified Robert Simmons and Zacharia Johnson from photo lineups and said Johnson left a coat in her apartment.
Simmons later admitted involvement to rescuers and told police he and “the other guy” (Johnson) stabbed the victim; Johnson’s jail cellmate testified Johnson admitted they ambushed and tried to kill Masterson because he was a child molester.
Masterson identified Johnson from a photo lineup at the hospital; physical evidence and medical testimony showed severe, potentially fatal stab wounds.
Johnson was convicted by a jury of attempted first-degree murder, aggravated burglary, conspiracy to commit aggravated burglary, and aggravated assault; he appealed, challenging the jury instruction defining “malice” and the sufficiency of evidence on the conspiracy charge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether jury instruction misdefined “malice” for attempted first‑degree murder	Johnson: instruction improperly allowed conviction without proof of intentional act plus hatred/ill will together	State: Wilkerson (redefining malice) applies only to second‑degree murder; first‑degree requires intent to kill and premeditated malice	Instruction was legally incorrect but any error was not prejudicial; conviction affirmed
Whether evidence was sufficient to sustain conspiracy to commit aggravated burglary	Johnson: no evidence of an agreement or tacit understanding to commit burglary	State: circumstantial evidence (victim and neighbor IDs, cellmate statements, course of conduct) supports a tacit agreement	Sufficient evidence of a tacit agreement and overt acts; conspiracy conviction affirmed

Wilkerson v. State, 336 P.3d 1188 (Wyo. 2014) (redefined malice in second‑degree murder as reckless conduct showing extreme indifference to human life)
Rolle v. State, 236 P.3d 259 (Wyo. 2010) (approved a malice instruction for first‑degree murder emphasizing intentional act without legal justification or excuse)
Keats v. State, 64 P.3d 104 (Wyo. 2003) (explains malice generally requires intentional act without justification and ill will/hostility except in certain arson context)
Remmick v. State, 275 P.3d 467 (Wyo. 2012) (conspiracy can be proved by tacit agreement and inferences from conduct)
Miller v. State, 350 P.3d 264 (Wyo. 2015) (discusses application of new instruction law on plain‑error review and prejudice analysis)
Mraz v. State, 326 P.3d 931 (Wyo. 2014) (standard for reviewing sufficiency of evidence: accept State’s evidence and reasonable inferences)
Johnson v. United States, 520 U.S. 461 (1997) (plain‑error instruction review is evaluated under law as of appellate review)