Appeal
from the District Court of Goshen County The Honorable John
C. Brooks, Judge
Representing
Appellant:
Office
of the State Public Defender: Diane M. Lozano, State Public
Defender; Tina N. Olson, Chief Appellate Counsel; Kirk A.
Morgan, Senior Assistant Appellate Counsel.
Representing
Appellee:
Peter
K. Michael, Attorney General; David L. Delicath, Deputy
Attorney General; Christyne M. Martens, Senior Assistant
Attorney General; Joshua C. Eames, Assistant Attorney
General.
Before
BURKE, C.J., and HILL, DAVIS, and FOX, JJ., and YOUNG, D.J.
YOUNG,
District Judge.
[¶1]
After a one-day jury trial, Jose Adrian Vasquez was convicted
of three counts of sexual abuse of a minor in the second
degree. Appellant contends the district court abused its
discretion in admitting evidence that he was in violation of
his parole at the time of the offenses. We affirm.
ISSUE
[¶2]
Appellant presents one issue for our review:
Whether the district court abused its discretion when it
admitted evidence relating to the terms of Appellant's
parole and his parole violations.
FACTS
[¶3]
Jose Adrian Vasquez was paroled from the Wyoming Medium
Correctional Institution (WMCI), after serving time for
sexual abuse of a minor in the third degree, on March 5,
2014. He met I.E. in late March 2014, when I.E. was fifteen
and Appellant was twenty-three. As a condition of his parole,
Appellant was not to have contact with minors. Appellant
began his relationship with I.E. when he visited I.E.'s
apartment in Torrington, Wyoming, where I.E. lived with his
mother. I.E's mother, who was using methamphetamine and
focused on her boyfriend, left I.E. alone frequently. At some
point, Appellant asked I.E. if he wanted to help him plan a
skate party. During a walk to discuss the party, Appellant
and I.E. held hands. By early April 2014, I.E. spent nearly
every day with Appellant at his apartment. At the time I.E.
met Appellant, I.E. had few friends, was very lonely, was
frequently "depressed" and "felt
vulnerable" due to a strained relationship with his
mother.
[¶4]
The relationship between Appellant and I.E. progressed from
touching to sexual encounters. The majority of these
encounters occurred at Appellant's residence.
Appellant's parole agent, Jason Bauer, and a contract
parole agent, Glenn Schleve, discovered Appellant and I.E.
together on two separate occasions. Both Appellant and I.E.
lied to the parole agents about I.E.'s age. Mr. Bauer
imposed an administrative parole sanction against Appellant
for his contact with a minor. On April 12th and
13th, 2014, Appellant took I.E. camping at the
Rawhide Recreation Area outside of Torrington, Wyoming, where
I.E. and Appellant engaged in sexual contact. While waiting
for a ride from I.E.'s mother, they encountered Jerry
Numon, a guard at WMCI. Mr. Numon knew Appellant from WMCI.
Mr. Bauer was notified that Appellant had been seen with I.E.
[¶5]
In June of 2014, I.E.'s mother reported to Mr. Bauer that
Appellant continued to have contact with I.E. Appellant's
parole was revoked. In November of 2014, he was charged with
three counts of sexual abuse of a minor in the second degree,
in violation of Wyo. Stat. Ann. § 6-2-315(a)(i). Counts
two and three alleged the abuse had occurred at the Rawhide
Recreation Area. The case proceeded to trial, after which the
jury returned a verdict of ...