from the District Court of Natrona County The Honorable
Daniel L. Forgey, Judge
Representing Appellant: Office of the State Public Defender:
Diane Lozano, State Public Defender; Tina N. Olson [*], Chief Appellate
Counsel; Kirk Morgan, Senior Assistant Appellate Counsel.
Argument by Ms. Olson.
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; David L. Delicath, Deputy Attorney General;
Christyne M. Martens, Senior Assistant Attorney General;
Jesse B. Naiman, Assistant Attorney General. Argument by Mr.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Corey Garriott was convicted of one count of conspiracy to
deliver methamphetamine. He appeals his conviction, claiming
that the district court made numerous errors in the admission
of testimony, and that it erred in denying his motion to
dismiss on double jeopardy grounds. He further claims that
plain error occurred when a law enforcement witness offered
his opinion that Mr. Garriott committed the crime of
conspiracy to deliver methamphetamine. We affirm.
Mr. Garriott presents three issues on appeal, which we state
I. Did the trial court err in admitting improper
"overview" testimony, testimony regarding portions
of the conspiracy in which Mr. Garriott had no involvement,
and testimony regarding the addiction, substance abuse, and
personal histories of Mr. Garriott's co-conspirators?
II. Did the trial court err in denying Mr. Garriott's
motion to dismiss on double jeopardy grounds?
III. Did plain error occur when a state witness offered his
opinion that Mr. Garriott committed the crime of conspiracy
to deliver methamphetamine?
In the fall of 2015, Pauline Hemicker began selling
methamphetamine in Casper, Wyoming. Ms. Hemicker's
original supplier was Joshua Coats, but around January 2016,
Mr. Coats became unavailable because he was scheduled to
begin serving a sentence at the Casper re-entry facility.
Because Mr. Coats was going to be unavailable while serving
his sentence, he made arrangements for Ms. Hemicker to obtain
methamphetamine directly from his Colorado source, Chris
Pino. As of January 2016, Ms. Hemicker therefore took over as
Mr. Pino's distributor in Casper.
Ms. Hemicker used multiple distributors to sell
methamphetamine, but her main distributor was Mikey Ross,
whom she met in November 2015. Around the end of January or
the beginning of February 2016, Ms. Hemicker met Mr. Ross at
home in his garage. Corey Garriott was also present, and Mr.
Ross asked Ms. Hemicker if she had any work for Mr.
Garriott. Ms. Hemicker took this to be a request for
methamphetamine to distribute, because work was the slang
term she, along with Mr. Ross and Mr. Garriott, used to refer
to methamphetamine. Ms. Hemicker described that meeting:
Q. And who was present?
A. It was me, Mikey Ross, Corey. I think that's it.
Q. Okay. And, again, this would have been sometime the end of
January, first of February you think?
Q. And so what happened at that meeting when he asked if you
had any work for Corey?
A. I was iffy about it at first. I mean, I don't know.
And then I - I don't know. Mikey said he trusted him. It
was his boy. He said he would do the transactions, he would
collect the money, and that I wouldn't have to deal with
Q. Okay. And so how did you feel about that?
A. I was okay with it as long as it went through Mikey Ross.
During that meeting in the garage, Ms. Hemicker supplied Mr.
Ross with methamphetamine and instructed him that it was
"totally up to him to distribute to whoever he
did." On February 2, 2016, Mr. Ross sent Ms. Hemicker a
text message, which stated, "Heh I got corys money for
u, " followed immediately by a message that he also had
money for her. Ms. Hemicker understood the messages to refer
to money for the methamphetamine she had supplied because
that was the only thing for which either Mr. Ross or Mr.
Garriott would owe her money.
Ms. Hemicker described a number of occasions on which she
supplied methamphetamine to Mr. Garriott or had discussions
with him about supplying him with methamphetamine. Just a
couple of days after the first occasion in Mr. Ross'
garage, Ms. Hemicker again met Mr. Ross and Mr. Garriott at
Mr. Ross' home. When Mr. Garriott left the home, Ms.
Hemicker followed him to the driveway and handed him an
8-ball of methamphetamine. Thereafter, Ms. Hemicker started
communicating directly with Mr. Garriott, and they exchanged
several text messages relating to Ms. Hemicker's ability
to supply Mr. Garriott with methamphetamine as well as money
Mr. Garriott owed Ms. Hemicker.
After being supplied by Ms. Hemicker, Mr. Garriott sold three
grams of methamphetamine to a friend of his, Angela
Danielson. Ms. Danielson described that transaction:
Q. Now, during this time period, let's say beginning of
February of 2016, did you ever get any methamphetamine from
anyone besides Mikey Ross?
Q. And who was that?
A. I got some from Corey once.
Q. And can you tell me what led to that.
A. What - what led to me getting it from him?
A. We would text back and forth. I would - I would text him
and ask for work; and whenever I would say that, I would mean
I was looking for dope. And he text me out of the blue and
said he had some, and I got it from him. That was that. It
was one time, though.
Mr. Garriott fronted Ms. Danielson the methamphetamine he
supplied her, meaning that he in effect sold it to her on
credit. Their understanding was Ms. Danielson would pay Mr.
Garriott after she sold the methamphetamine. In the days
following that transaction, Mr. Garriott and Ms. Danielson
exchanged numerous text messages concerning Ms.
Danielson's desire to be introduced to Ms. Hemicker, her
requests for additional work from Mr. Garriott, and the money
she owed him.
During this same February 2016 time frame, Mr. Garriott was
living with John Fry, a methamphetamine user, and he was also
selling methamphetamine to Mr. Fry. On February 8, 2016, Mr.
Garriott sent a text message to Ms. Hemicker asking that she
meet with him and Mr. Fry. His message stated, "Hey when
you get some free time will you meet one of my homies and
hear a business plan." Ms. Hemicker agreed to the
meeting and described what occurred:
Q. And when they got there, did they have some kind of
business plan to propose to you?
Q. And do you recall what that was?
A. That was for me to tell them who I was distributing my
methamphetamine to so that they can go and take it from them
after I distributed to them.
Q. And when you say "take it from them, " what -
what do you mean?
A. Rob them.
*** Q. So what was the plan? What were they going to do with
the methamphetamine once they took it?
A. They were just going to distribute it, just make double
money off of it.
Q. And so when they told you that plan, what was your
A. I didn't think it was a good idea. I denied them when
they came to me for that business proposition.
Some days after that meeting, Mr. Garriott, while at home
with Mr. Fry, sent a text message to Ms. Hemicker
"trying to set up a meeting for her to come over and
basically broker a deal for some meth." Mr. Fry
Q. And when you say "broker a deal for methamphetamine,
" what do you mean?
A. Well, Corey was basically meeting - having me meet Pauline
so she could bring some meth.
Q. And what was going to happen with the meth that she
A. It was going to be used and sold by myself and Corey.
Q. And up to this point, had you been selling
A. No. I was just using.
Q. And so why at this point - why were you going to get into
A. I was having a real hard time financially. I was laid off
from the oil field.
That same evening, Ms. Hemicker and her husband came to Mr.
Fry's home. Mr. Fry again explained:
Q. And, again, do you know how the meeting was set up?
So you didn't have Ms. Hemicker's contact
information, so -
A. No, ma'am. Corey - Corey contacted her. And - and then
they both ended up coming over. He came back over, and she
showed up right after.
Q. And so who all was at this meeting?
A. Myself; Corey Garriott; Pauline; and Uwe, her husband.
Q. And what happened at that meeting?
A. She came over. We used some meth, and we talked about - I
talked about buying some meth from her. And I ended up buying
Q. And do you recall how much you purchased that night?
A. It would have been an ounce.
Q. And do you remember what you were being charged for that?
A. I believe it was - I think it was about $900.
Q. And how - did you pay for that that evening?
A. Yes; most of it.
Q. Okay. Do you recall how much exactly?
A. About $600.
Q. And so where - how - what was the arrangement, then, for
the rest of the money for that?
A. She was going to come back and get it.
Q. And where were you going to come up with that money?
A. Selling methamphetamines.
Q. And so did you end up selling that methamphetamine?
Q. And did you return that money to Ms. Hemicker?
A. I did.
Q. And after this initial meeting that Mr. Garriott set up,
how were you and Ms. ...