MJS v. State

Summary

The Wyoming Supreme Court affirmed a juvenile adjudication finding MJS guilty of attempted shoplifting, although the juvenile petition charged only shoplifting. The court held that Wyoming Rule of Criminal Procedure 31(c), permitting conviction of lesser-included or attempted offenses, applies in juvenile proceedings because it is not inconsistent with the Juvenile Court Act.

Holdings

1. Wyoming Rule of Criminal Procedure 31(c), as applied through the rules governing juvenile proceedings, is not inconsistent with the Juvenile Court Act and permits a trial court to find a juvenile guilty of a lesser-included offense or an attempt to commit the charged offense even when that offense was not originally charged.
2. The district court did not violate the separation-of-powers doctrine by sua sponte adjudicating MJS delinquent for attempted shoplifting under the applicable criminal-procedure rule.

Questions Presented

1. Whether the district court could adjudicate MJS delinquent for attempted shoplifting when the juvenile petition specifically alleged shoplifting and had not been amended.
2. Whether applying the criminal-procedure rule permitting conviction of lesser-included or attempted offenses in a juvenile proceeding violated the separation-of-powers doctrine.

Disposition

affirmed