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Vasquez v. State

Supreme Court of Wyoming

December 29, 2016

JOSE ADRIAN VASQUEZ, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

         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 ...


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