Summary
The Wyoming Supreme Court reviewed Stephen Haskell’s convictions arising from his pre-inauguration purchase of sheriff’s-office uniforms and related items. The court reversed the conviction for obtaining property by false pretenses because the evidence did not establish that Haskell obtained title to county property, while affirming the convictions for acting as a public officer before qualifying and submitting false claims with intent to defraud.
Topics
Practice areas
Questions Presented
- Whether sufficient evidence supported Haskell's conviction for obtaining property by false pretenses under Wyo. Stat. Ann. § 6-3-407(a)(i).
- Whether the jury instructions were required to identify obtaining both title and possession of the victim's property as an element of obtaining property by false pretenses.
- Whether ordering uniforms and related items constituted a duty of the sheriff's office for purposes of Wyo. Stat. Ann. § 6-5-116.
- Whether sufficient evidence supported Haskell's conviction for submitting a false claim with intent to defraud under Wyo. Stat. Ann. § 6-5-303(b).
- Whether cumulative error deprived Haskell of a fair trial.
Holdings
- The crime of obtaining property by false pretenses requires proof that the accused obtained both title to and possession of the victim's property. The court reaffirmed Bohling v. State and declined to reconsider or limit that interpretation.
- The evidence was legally insufficient to support Haskell's conviction because the county did not transfer title to money or other property to Haskell. The conviction had to be reversed and a judgment of acquittal entered.
- Purchasing uniforms and related items was a duty of the office of sheriff within the broad phrase "any duty of his office" in Wyo. Stat. Ann. § 6-5-116. Sufficient evidence supported Haskell's conviction for performing that duty before taking the required oath and bond.
- Sufficient evidence supported Haskell's conviction for knowingly submitting a false claim or voucher with intent to defraud under Wyo. Stat. Ann. § 6-5-303(b).
- Haskell failed to establish cumulative error requiring reversal of the remaining convictions.
Key quotations
“The third element, that the accused obtains property, means that the accused must obtain both title to and possession of the victim's property.” (¶ 16)
“The jury's verdict on Mr. Haskell's conviction for obtaining property by false pretenses cannot stand and Mr. Haskell is entitled to the entry of a judgment of acquittal.” (¶ 24)
“The common and ordinary understanding of the word is that it means all or every, or one or more. Necessarily it gives to the language employed a broad and comprehensive grasp.” (¶ 30)
“The evidence was insufficient to support Mr. Haskell's conviction for obtaining property by false pretenses. However, his convictions for performing the duties of a sheriff prior to qualifying and for submitting false claims were supported by sufficient evidence.” (¶ 43)
Factual background
Stephen Haskell won election as Sublette County sheriff in 2014 and, before taking office, ordered uniforms, patches, badges, and related items for himself and his command staff in the name of the sheriff's office. He did so without authorization from the sitting sheriff or county commissioners and later caused vendors to change the order dates to dates after his swearing-in. County commissioners approved approximately $12,000 in payments based on the altered dates, believing the items had been ordered after Haskell took office. The evidence showed the county paid vendors directly and did not transfer ownership of money or property to Haskell.
Procedural history
After a four-day jury trial, the jury convicted Haskell on four counts. The trial court had granted a Rule 29 judgment of acquittal on an official-misconduct count but denied acquittal on the false-pretenses and wrongful-taking counts. Haskell timely appealed, challenging the sufficiency of the evidence, jury instructions, the public-officer conviction, and cumulative error.
Remand instructions
Reverse the conviction for obtaining property by false pretenses and remand with instructions to enter a judgment of acquittal on that count. Affirm the remaining convictions.