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Christina Carole Maycock v. the State of Wyoming

July 6, 2011

CHRISTINA CAROLE MAYCOCK, APPELLANT (DEFENDANT),
v.
THE STATE OF WYOMING,
APPELLEE (PLAINTIFF).



Appeal from the District Court of Campbell County The Honorable Dan R. Price II, Judge

The opinion of the court was delivered by: Golden, Justice.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume.

[¶1] Appellant Christina Carole Maycock challenges her conviction for obtaining property by false pretenses, raising claims of sufficiency of the evidence and evidentiary error. We hold the evidence presented at trial is insufficient to sustain Maycock's conviction and reverse.

ISSUES

[¶2] Maycock presents the following issues:

I. Did the State fail to prove beyond a reasonable doubt that the Cemetery District had been defrauded of insurance premiums when the unrebutted testimony of the District's board members was that the Board was willing to pay the insurance premiums for the families of unmarried couples with children?

II. Did the trial court violate the best evidence rule when it allowed testimony about the contents of an insurance policy without requiring that the policy be entered into evidence?

FACTS

[¶3] Maycock began working as a part-time employee for the Campbell County Cemetery District (District) in 1984. She became a full-time grounds supervisor in the fall of 1985, and, in 1988, she was promoted to general cemetery supervisor. Maycock held that position until 2008, at which time she retired and was elected to the District's Board of Directors (Board).

[¶4] In 1985, the Board decided it would finance health insurance coverage for the District's full-time employees and their families. The Board arranged its first group policy with Time Insurance Company. The Board continued to provide such insurance, but switched insurance companies multiple times over the ensuing years. In 1992, the District signed on with Employer's Health Insurance Company, which later became Humana Insurance Company. The terms of that 1992 policy limited coverage to the District's employees, their spouses, and their dependent children.

[¶5] On December 4, 1992, Maycock enrolled in the District's insurance plan with Employer's Health. On the insurance enrollment form, Maycock noted she was married and listed Bill Maycock as her spouse. As a result, Bill Maycock was added to the District's group plan, with the District paying the full cost of his insurance coverage.

[¶6] In August 2009, more than sixteen years later, the Gillette Police Department received a tip that Maycock had misrepresented Bill Maycock to be her spouse on the 1992 insurance enrollment form. The ensuing investigation confirmed the Maycocks were not husband and wife in 1992, at the time Maycock enrolled in the District's group insurance plan. The Maycocks had previously been married, but were divorced in 1971. Despite the divorce, the Maycocks and their children continued to live together as a family in a home jointly owned by the couple. They eventually remarried on September 1, 1999.

[¶7] On September 22, 2009, the State charged Maycock with one count of obtaining property by false pretenses under Wyo. Stat. Ann. § 6-3-407(a)(i) (LexisNexis 2003)*fn1 and § 6-3-410 (LexisNexis 2009),*fn2 alleging that Maycock "on or between December 4, 1992 and September 1, 1999, . . . did knowingly obtain property from another person by false pretenses with intent to defraud the person, with the value of the property being [five hundred] dollars [($500.00)] or more, that conduct occurring as part of a common scheme or plan and over the course of time[.]" After a two-day trial, a jury convicted Maycock on the charged offense on May 27, 2010. The district court imposed a suspended prison sentence of ...


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