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Daley v. State

Supreme Court of Wyoming

February 24, 2016

BRENTON MATTHEW DALEY, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Natrona County. The Honorable W. Thomas Sullins, Judge.

For Appellant: Office of the State Public Defender: Diana Lozano, State Public Defender and Tina N. Olson, Chief Appellate Counsel. Argument by Ms. Olson.

For Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Christyne M. Martens, Senior Assistant Attorney General; Caitlin F. Young, Senior Assistant Attorney General; Darrell D. Jackson, Faculty Director, Prosecution Assistance Program; Bradford H. Coates, Student Director, and Matthew A. Walker, Student Intern. Argument by Mr. Walker.

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

OPINION

HILL, Justice.

[¶1] Brenton Daley appeals his conviction of misdemeanor unlawful possession of a controlled substance (methamphetamine). He claims that the State failed to present sufficient evidence of the quantity and form of the methamphetamine. We will affirm.

Page 292

ISSUE

[¶2] Brenton Daley presents one issue for our review:

Was there insufficient evidence to convict [Daley], as there was no testimony as to the form (liquid, powder, crystalline, pill or capsule) of the controlled substance?

FACTS

[¶3] In September of 2014, the Casper Police Department responded to a report that a man was " acting strangely" near the railroad tracks, laying on the tracks, throwing his shoes around, and walking on the tracks. A subsequent search of the area led police to Brenton Daley.

[¶4] Right away, the police observed that Mr. Daley was sweating, speaking " in a rapid manner," making " quick, jerky movements," and was not " making a whole lot of sense." The police immediately suspected Mr. Daley to be under the influence of something. After the police realized an active arrest warrant existed for Mr. Daley, they arrested him and confiscated a white plastic bag that was found at his feet.

[¶5] The white plastic bag obtained by police contained a Crown Royal bag, inside of which was another black pouch. Inside the pouch was a broken glass pipe with residue. In the inspecting officer's opinion, the residue was consistent with methamphetamine. The residue was eventually tested by the Wyoming State ...


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