Summary
The Supreme Court of Wyoming vacated Keith Allan Tyner's battery conviction because the Information charged him under a superseded version of the battery statute. The court held that the defective Information failed to charge a criminal offense under the law in effect when the alleged conduct occurred. The case was remanded with directions to dismiss the Information without prejudice.
Topics
Practice areas
Questions Presented
- Whether the conviction could stand when the Information charged conduct under a superseded version of Wyoming's battery statute.
- Whether the Wyoming Supreme Court could recognize the charging error as fundamental error even though the issue was not necessary to Tyner's stated challenge to the felony enhancement.
Holdings
- An Information that charges a defendant under a superseded version of the criminal statute fails to properly charge a criminal offense under Wyoming law, and a conviction based on that invalid charge cannot stand.
- The court may recognize fundamental error appearing in the record sua sponte when the error results in a miscarriage of justice.
Key quotations
“Since the criminal charge was not valid, Tyner's conviction cannot stand, and it is hereby vacated.” (¶ 5, 252 P.3d at 936)
“Because there are no other charges against Tyner, the case is remanded with directions to dismiss without prejudice the Information.” (¶ 5, 252 P.3d at 936)
Factual background
Tyner allegedly committed the charged conduct on December 23, 2009, after an amendment to Wyoming's battery statute became effective on July 1, 2009. The Information charged him using language from the superseded version of Wyo. Stat. Ann. § 6-2-501(b), although the amended statute separately defined battery and unlawful contact. Tyner was convicted of battery, and the conviction was enhanced to a felony because it was his third battery conviction involving a household member.
Procedural history
Tyner was convicted under Wyo. Stat. Ann. § 6-2-501(b) and received a suspended two-to-four-year prison sentence with a split sentence of six months in county jail followed by three years of supervised probation. On appeal, he challenged the use of his prior convictions for felony enhancement. The Wyoming Supreme Court instead identified fundamental error sua sponte, vacated the conviction, and remanded with directions to dismiss the Information without prejudice.
Remand instructions
Vacate the conviction and remand with directions to dismiss the Information without prejudice.