Bryan Allan Temen v. The State of Wyoming

Summary

The Supreme Court of Wyoming affirmed Bryan Allan Temen's convictions for robbery and misdemeanor credit card fraud. The court held that the district court did not abuse its discretion by permitting the State to amend the information during trial to reduce the credit card fraud charge from a felony to a misdemeanor, or by admitting the defendant's prior forgery conviction under W.R.E. 404(b).

Holdings

1. The district court did not abuse its discretion by permitting the State to amend the information before verdict to reduce the credit card fraud charge from a felony to a misdemeanor because no additional or different offense was charged and Temen's substantial rights were not prejudiced.
2. The district court did not abuse its discretion by admitting Temen's prior forgery conviction for the limited purposes of proving intent and absence of mistake or accident.

Questions Presented

1. Whether the district court erred by permitting the State to amend the information during trial to reduce the credit card fraud charge from a felony to a misdemeanor.
2. Whether the district court erred by admitting Temen's prior forgery conviction under W.R.E. 404(b) to establish intent and absence of mistake or accident.

Disposition

affirmed