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Roush v. State

Supreme Court of Wyoming

April 8, 2014

TY ROUSH, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Fremont County. The Honorable Norman E. Young, Judge.

For Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellant Counsel.

For Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey Pope, Assistant Attorney General.

Before KITE, C.J., and HILL, BURKE, DAVIS, and FOX, JJ.

OPINION

DAVIS, Justice.

[¶1] Appellant Ty Roush entered a conditional guilty plea to a single count of third degree sexual assault, a violation of Wyo. Stat. Ann. § 6-2-304(a)(i), reserving the right to challenge the district court's conclusion that the State could prosecute him under that statute, which was repealed in 2007. We agree with the district court that it could, and consequently we affirm.

ISSUE

[¶2] Did Wyoming's general saving statute,[1] Wyo. Stat. Ann. § 8-1-107 (LexisNexis 2013), permit the State to initiate a third degree sexual assault prosecution in 2011 for conduct which preceded the repeal of Wyo. Stat. Ann. § 6-2-304(a)(i) (LexisNexis 2005) (repealed 2007) by more than four years?

FACTS

[¶3] In early 2011, JD, a young male who was approximately seventeen years old, reported to a counselor that Appellant Roush had sexually abused him repeatedly from 2001 through 2003, during a time when the boy was approximately seven to nine years

Page 35

old. Roush would have been about fourteen to seventeen years old at the time of the alleged offenses. JD indicated that Roush made him perform oral sex on him.

[¶4] While investigating that report, Riverton police interviewed JD's sixteen-year-old female cousin, AL. She revealed that she had suffered the same sort of sexual abuse at Roush's hands from 2000 through 2002, when she was between five and seven years old and Roush was between fourteen and sixteen. Both JD and AL indicated that they were victimized in the basement of their grandmother's home in Riverton. Roush generally confirmed JD's accusations.

[¶5] On October 14, 2011, the Fremont County and Prosecuting Attorney charged Roush with two counts of second degree sexual assault under Wyo. Stat. Ann. § 6-2-303(a)(v) (LexisNexis 2005) (repealed 2007).[2] That statute prohibited a person at least four years older from inflicting sexual intrusion on a ...


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