from the District Court of Carbon County The Honorable Wade
E. Waldrip, Judge.
Representing Appellant: Office of the Public Defender: Diane
Lozano, State Public Defender; Tina N. Olson [*] , Chief Appellate
Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel.
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; Christyne M. Martens, Deputy Attorney General;
Caitlin F. Harper, Senior Assistant Attorney General; Allison
L. Kvien, Assistant Attorney General.
BURKE, C.J., and DAVIS, FOX, KAUTZ, and BOOMGAARDEN, JJ.
Phillip Timothy Jordin was convicted by a jury of conspiracy
to commit aggravated burglary, conspiracy to commit
aggravated robbery, conspiracy to commit aggravated assault
and battery, and conspiracy to commit theft. Mr. Jordin
appeals three of his convictions, arguing the State failed to
present sufficient evidence at trial. We affirm.
Mr. Jordin raises one issue in this appeal:
There is insufficient evidence to support the convictions of
conspiracy to commit aggravated burglary, aggravated robbery,
and aggravated assault [and battery].
In the early hours of June 25, 2016, Mr. Jordin and his
friend, Adam Reed, decided to burglarize the Sinclair Golf
Course. To carry out this plan, the two drove to the golf
course in Mr. Jordin's car, arriving at approximately
3:15 a.m. Mr. Reed kicked in the back door of the clubhouse
and began removing items from the pro shop. He entered the
pro shop three times, grabbing any items he could including
cash registers, golf clubs, alcohol, and potato chips. Mr.
Jordin remained in his car, acting as a lookout.
The golf course's manager, Brian Creager, who lived in a
home on the golf course, saw the taillights of Mr.
Jordin's vehicle entering the property. Mr. Creager drove
to the clubhouse and encountered Mr. Jordin and Mr. Reed
looking under the raised hood of Mr. Jordin's car. Mr.
Creager rolled down his window and asked the men if there was
a problem. The men said they were having car troubles and
were checking the antifreeze and oil. Mr. Creager then went
to the clubhouse, entering through the pro shop. After a few
minutes, Mr. Creager left the clubhouse, locked the door, and
went to the office building. He observed Mr. Jordin and Mr.
Reed still working on the car. Mr. Creager was in the office
for a short time and then returned to the pro shop. While in
the pro shop the second time, Mr. Creager noticed the cash
register and his computer were missing. He went into the
kitchen and observed the cooler door was open, the door frame
into the building was broken, and the door was open.
Mr. Creager then confronted Mr. Jordin and Mr. Reed at their
car, telling them he needed to look inside the vehicle. At
this point, Mr. Reed shined a military grade flashlight in
strobe mode into Mr. Creager's face. Mr. Creager saw Mr.
Jordin quickly moving towards him. He grabbed the flashlight
from Mr. Reed and struck Mr. Jordin in the head with it. Mr.
Jordin staggered away from Mr. Creager as his head was
bleeding and his glasses fell from his face. Mr. Creager saw
Mr. Reed reach through an open window into the car and
attempt to start it using a screwdriver. Mr. Creager looked
away for a moment to find something to use to disable the
vehicle, and when he looked back he could no longer see Mr.
Reed. Mr. Creager then heard someone say, "He split my
head open, " followed by, "Shoot him, shoot
him." Seconds later, someone fired a gun and Mr. Creager
observed a muzzle flash.
Mr. Creager ran into the clubhouse and called 911. During the
call, he noticed the men leaving in their car, and he decided
to pursue them. He chased the men and forced them off the
road, resulting in both Mr. Jordin's and Mr.
Creager's vehicles rolling over. Mr. Creager got out of
his vehicle and saw Mr. Reed begin to run away. He yelled at
Mr. Reed to stop or he would kill him and Mr. Reed responded,
"You already killed my friend, " and continued to
run away. Not seeing or hearing Mr. Jordin, Mr. Creager began
to walk back towards the golf course until he was met by a
law enforcement officer. Mr. Jordin was arrested two days
The State charged Mr. Jordin with conspiracy to commit
aggravated burglary, in violation of Wyo. Stat. Ann.
§§ 6-1-303(a) (LexisNexis 2017) and 6-3-301(a) and
(c)(i) (LexisNexis 2017); conspiracy to commit aggravated
assault and battery, in violation of Wyo. Stat. Ann.
§§ 6-1-303(a) and 6-2-502(a)(ii) or (iii)
(LexisNexis 2017); conspiracy to commit theft, in violation
of Wyo. Stat. Ann. §§ 6-1-303(a) and 6-3-402(a) and
(c)(i) (LexisNexis 2017); conspiracy to commit wrongful
taking or disposing of property, in violation of Wyo. Stat.
Ann. §§ 6-1-303(a) and 6-3-403(a)(i) (LexisNexis
2017); and conspiracy to commit aggravated robbery, in
violation of Wyo. Stat. Ann. §§ 6-1-303(a) and
6-2-401(a)(ii), (c)(ii), and (d) (LexisNexis
2017). The case proceeded to trial, and at the
close of the evidence, the State dismissed the charge of
conspiracy to commit wrongful taking and disposing of
property. The jury found Mr. Jordin guilty of the remaining
four charges. Mr. Jordin filed a timely notice of appeal.
When reviewing a claim regarding the sufficiency of the
evidence, we use the following well-established standard of
[T]his Court examines the evidence in the light most
favorable to the State. We accept all evidence favorable to
the State as true and give the State's evidence every
favorable inference which can reasonably and fairly be drawn
from it. We also disregard any evidence ...