Gregory Michael Hawes v. State of Wyoming

Summary

The Wyoming Supreme Court reviewed Gregory Michael Hawes’s convictions for stalking and kidnapping arising from his restraint and pursuit of his estranged wife. The court reversed the stalking conviction for insufficient evidence of a course of conduct, affirmed the denial of sentencing mitigation for the kidnapping conviction, and upheld the jury-instruction rulings concerning felonious restraint.

Holdings

1. The evidence was insufficient to support Hawes's stalking conviction because the State did not present evidence from which a reasonable jury could infer that Hawes acted with the intent to harass Donna on January 25, and therefore did not establish the required course of conduct.
2. The evidence was sufficient for the jury to find that Hawes did not voluntarily release Donna and therefore was not entitled to sentencing mitigation.
3. The district court did not abuse its discretion by omitting the word "felonious" from the lesser-included-offense instruction, and any error in failing to specify that the knowing mental state applied to each element was not materially prejudicial because the jury convicted Hawes of kidnapping without reaching the lesser offense.

Questions Presented

1. Whether the evidence was sufficient to establish the course of conduct and intent to harass necessary for a stalking conviction.
2. Whether the evidence was sufficient to show that Hawes did not voluntarily release the kidnapping victim and therefore was not entitled to statutory sentencing mitigation.
3. Whether the jury was properly instructed on felonious restraint as a lesser included offense, including whether omission of the word "felonious" and omission of a mens rea instruction required reversal.

Disposition

reversed