Schafer v. State

Summary

The Wyoming Supreme Court reviewed James Edward Schafer’s convictions arising from an encounter with law enforcement and drug possession charges. The court held that Wyoming’s general attempt statute did not apply to create the offense of attempted aggravated assault and battery based on threatening to use a drawn deadly weapon, reversed that conviction, and affirmed the remaining convictions. The court also held that the trial court did not abuse its discretion in denying Schafer’s motion for a new trial based on alleged prosecutorial misconduct.

Holdings

1. The Wyoming Legislature did not intend the general attempt statute, Wyo. Stat. Ann. § 6-1-301, to apply to the aggravated assault and battery statute in order to create the offense of attempted threatening with a drawn deadly weapon. The conviction for that offense therefore could not stand.
2. The sufficiency-of-the-evidence issue was resolved by the determination that the charged offense was not supported by Wyoming statutes; the conviction was reversed.
3. The trial court did not abuse its discretion in denying Schafer's motion for a new trial based on the alleged prosecutorial misconduct.

Questions Presented

1. Whether Wyoming's general attempt statute could be applied to the aggravated assault and battery statute to create the offense of attempted threatening with a drawn deadly weapon.
2. Whether sufficient evidence supported Schafer's conviction for attempted aggravated assault and battery.
3. Whether the trial court abused its discretion by denying Schafer's motion for a new trial based on alleged prosecutorial misconduct.

Disposition

reversed_and_remanded