PAUL D. MATHEWSON, Appellant (Defendant),
THE STATE OF WYOMING, Appellee (Plaintiff).
from the District Court of Hot Springs County The Honorable
Robert E. Skar, Judge
Representing Appellant: Office of the Public Defender: Diane
Lozano, State Public Defender; Kirk A. Morgan, Chief
Appellate Counsel; Christopher G. Humphrey, Assistant
Appellate Counsel. Argument by Mr. Humphrey.
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; Christyne M. Martens, Deputy Attorney General;
Caitlin F. Harper, Senior Assistant Attorney General; James
M. LaRock, Assistant Attorney General. Argument by Mr.
DAVIS, C.J., and BURKE [*] , FOX, KAUTZ, and BOOMGAARDEN,
The State charged Paul D. Mathewson with fraudulently
altering a government record, claiming he altered a bond
order. The district court found him guilty after a bench
trial. On appeal, Mr. Mathewson claims the bond order was not
a government record. Further, Mr. Mathewson contends the
State's evidence was insufficient to show he had the
requisite specific intent when he altered the document.
Mr. Mathewson raises the following issues on appeal:
1. Did a printed copy of an unsigned and unfiled bond form
qualify as a government record, as defined by Wyo. Stat. Ann.
§ 6-3-604(b) (LexisNexis 2017)?
2. Did Mr. Mathewson possess the requisite intent to commit a
violation of Wyo. Stat. Ann. § 6-3-604(a)(ii) when he
altered the copy of the bond condition order?
On June 23, 2016, Mr. Mathewson was arraigned for failing to
appear on a trespassing ticket. The magistrate ordered that
Mr. Mathewson could be released on a $2, 000 cash bond, and
signed a bond order to that effect. Because the magistrate
presided over the arraignment remotely, he sent two copies of
the signed bond order to the Hot Springs County Circuit
Court; the first electronically via e-mail and the second by
mail. The order stated the bond amount to be paid and that it
could only be paid in cash. The order also included a line on
which Mr. Mathewson needed to sign and provide his address as
an acknowledgment of his understanding of those conditions.
After receiving the order via e-mail, the circuit court clerk
printed a copy, file stamped it, and took it to the Hot
Springs County jail where Mr. Mathewson was being held to
obtain his signature.
The clerk delivered the bond order to a deputy sheriff at the
jail who witnessed Mr. Mathewson sign it. While signing the
order, Mr. Mathewson also checked a box marked
"Acceptable Bail Bond." Checking this box indicates
that the defendant could contract with an approved bondsman
to satisfy the condition rather than paying the bond in cash.
The magistrate had not checked this box because the bond
order required a cash payment of the entire $2, 000. Mr.
Mathewson returned the bond order to the deputy who then made
a copy and returned the original to the clerk.
[¶6] Ordinarily, the clerk would have then placed the
document in the file as part of the permanent record.
However, the clerk noticed that the additional box had been
checked and compared it to the original sent via e-mail. The