Summary
The Wyoming Supreme Court affirmed Jessy Michael Dennis’s conviction for aggravated burglary. The court held that independent evidence sufficiently corroborated Dennis’s extrajudicial admissions under the corpus delicti doctrine and that the evidence supported a finding of intent to deprive. The court also held that the district court properly refused Dennis’s proposed specific-intent instruction because the instructions given adequately covered the relevant elements and the proposed instruction was redundant.
Holdings
- Independent evidence sufficiently corroborated Dennis's extrajudicial admissions and, together with the admissions and other evidence, supported the aggravated-burglary conviction.
- The evidence permitted the jury to find beyond a reasonable doubt that Dennis entered the Johnsons' home with an intent to deprive them of the pistol, notwithstanding his assertion that he intended only to borrow it for a suicide attempt.
- The district court did not abuse its discretion by refusing Dennis's proposed specific-intent instruction because the instruction was redundant and potentially confusing.
- The jury instructions, considered as a whole, adequately informed the jury of the elements of aggravated burglary, including the specific intent to commit larceny and the intent to deprive; the district court committed no plain error.
Questions Presented
- Whether independent evidence sufficiently corroborated Dennis's extrajudicial admissions under the corpus delicti doctrine to support consideration of those admissions and his aggravated-burglary conviction.
- Whether the evidence was sufficient to establish that Dennis entered the Johnsons' home with the intent to commit larceny and with the intent to deprive them of the pistol.
- Whether the district court abused its discretion by refusing Dennis's proposed specific-intent instruction as redundant and confusing.
- Whether the jury instructions, considered as a whole, adequately informed the jury of the elements of aggravated burglary and the required intent to deprive.
Disposition
affirmed
Cases Cited (33)
- Craft v. State, 2013 WY 41, ¶ 18, 298 P.3d 825, 831 (Wyo. 2013)(followed)
- Dawes v. State, 2010 WY 113, ¶ 17, 236 P.3d 303, 307 (Wyo. 2010)(followed)
- Mersereau v. State, 2012 WY 125, ¶ 65, 286 P.3d 97, 121 (Wyo. 2012)(followed)
- Jones v. State, 2010 WY 44, ¶ 11, 228 P.3d 867, 870 (Wyo. 2010)(followed)
- Simmers v. State, 943 P.2d 1189, 1199 (Wyo. 1997)(followed)
- Opper v. United States, 348 U.S. 84, 93, 75 S. Ct. 158, 164-65, 99 L. Ed. 101 (1954)(followed)
- Bush v. State, 908 P.2d 963, 967 (Wyo. 1995)(followed)
- Wetherelt v. State, 864 P.2d 449, 452 (Wyo. 1993)(followed)
- Swanson v. State, 981 P.2d 475, 479 (Wyo. 1999)(followed)
- Walston v. State, 954 P.2d 987, 989 (Wyo. 1998)(followed)
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Court Document
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