from the District Court of Laramie County The Honorable
Steven K. Sharpe, Judge
Representing Appellant: Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Tina N. Olson
[*] ; Kirk
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; Christyne Martens, Deputy Attorney General; Caitlyn
F. Harper, Senior Assistant Attorney General; Sam Williams,
Assistant Attorney General.
BURKE, C.J., and DAVIS, FOX, KAUTZ, and BOOMGAARDEN, JJ.
Appellant, Angel Elisabeth King, seeks reversal of her felony
conviction following a jury trial for one count of sexual
exploitation of a child - possession of child pornography.
She contends the prosecutor committed misconduct in rebuttal
closing argument by making arguments not supported by the
evidence. We affirm.
Ms. King raises a single issue on appeal, which we restate as
follows: Did the prosecutor commit misconduct during closing
argument by arguing a theory of the case not supported by the
A jury convicted Ms. King of one count of sexual exploitation
of a child - possession of child pornography, in violation of
Wyo. Stat. Ann. § 6-4-303(b)(iv) and (d) (Lexis Nexis
2017). She was acquitted of two counts of accessory before
the fact for aiding and abetting in her boyfriend Clinton
Woods' second-degree sexual abuse of her minor daughter,
Ms. King was sentenced to three to five years of
incarceration, suspended in favor of five years of supervised
At trial, the State introduced evidence of sexual encounters
D.O. had with Mr. Woods and two photographs of D.O.'s
nude body found on Ms. King's phone. Specific to Ms.
King's conviction, D.O. testified that just prior to her
fourteenth birthday, on the way home from a trip to Fort
Collins, Ms. King asked D.O. to take nude photographs of
herself on Ms. King's phone for Mr. Woods. D.O.
eventually complied with Ms. King's request and testified
she had never used Ms. King's phone beyond that one
occasion. D.O. was not aware of any software on her own phone
that would have allowed her to share photographs taken on her
phone with Ms. King's phone. D.O. also testified the
photographs she took with her own phone were stored on the
The State also presented the testimony of Detective Chris
Girany, who conducted the digital search of Ms. King's
phone. Detective Girany testified the phone he searched was
activated on August 24, 2014, and the nude photographs of
D.O. were taken on a different phone on December 21, 2013.
Detective Girany explained, the photographs at issue were
stored in the Google "Picasa" photo album
application, which backed up the photographs on a separate
cloud server. He stated the cloud storage for the Picasa
photo album was associated with an email account matching
King's. When the phone he searched was initialized, the
process would have included inputting the email account
information to access the backed-up photographs, which were
uploaded to the cloud from another phone logged in under the
Ms. King testified she used the same email account for her
phone and her children's phones, including D.O.'s.
She admitted she periodically reviewed the photographs in her
electronic photo album, but denied she gave D.O. her phone
and asked D.O. to take the pictures. Ms. King denied any
knowledge the nude photos of D.O. existed.
With regard to the two counts of aiding and abetting the
second-degree sexual abuse of a minor, the charges for which
Ms. King was ultimately acquitted, D.O. testified that,
between December 2013 and August 2014, Ms. King asked D.O. to
join in Ms. King's and Mr. Woods' sexual relationship
on at least three occasions. On redirect examination, D.O.
clarified that on the trip back from Fort Collins in December
2013, when Ms. King had first suggested that D.O. join in her
sexual relationship with Mr. Woods, D.O. and Ms. King had
discussed D.O.'s sexual encounters with D.O.'s
boyfriend at the time. D.O. testified that during that
discussion Ms. King "made up the point that since I
wasn't a virgin anymore, that it shouldn't - I
shouldn't have to worry about being with [Woods], because
being with [Woods] I ...