from the District Court of Laramie County The Honorable
Catherine R. Rogers
Representing Appellant:Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Kirk A. Morgan, Chief
Appellate Counsel; David E. Westling, Senior Assistant Public
Representing Appellee: Bridget Hill, Wyoming Attorney
General; Jay Jerde, Special Assistant Attorney General;
Katherine A. Adams [*] , Senior Assistant Attorney
General; and Ewa C. Dawson, Senior Assistant Attorney
General. Argument by Ms. Adams.
FOX, KAUTZ, BOOMGAARDEN, GRAY, JJ, and SNYDER, DJ.
SNYDER, DISTRICT JUDGE.
Linda M. Freeman appeals entry of a restitution order
following an unconditional "no contest" plea to one
count of exploitation of a vulnerable adult. She contends
that the district court acted contrary to law in awarding
restitution. We affirm.
Ms. Freeman challenges the district court's award of
restitution. She raises four separate issues:
I. Whether the district court erred in ordering Ms. Freeman
to pay restitution for amounts transferred after L.L.
II. Whether the district court's order of restitution to
the Estate of L.L. Freeman is valid.
III. Whether the failure to submit a plan of restitution
invalidates the restitution order.
IV. Whether there was sufficient evidence to support the
district court's order of restitution of $532, 890.80.
Ms. Freeman pled no contest to one count of exploitation of a
vulnerable adult resulting from the misappropriation of her
father-in-law's property. In 2001, L.L. Freeman moved
from Kansas City, Missouri, to Cheyenne, Wyoming, to be
closer to his son. Mr. Freeman suffered from poor health,
including dementia and other mental and physical health
infirmities. Mr. Freeman passed away on August 7, 2007.
While in Cheyenne, Mr. Freeman resided at the V.A. Medical
Center (V.A.). Ms. Freeman often visited Mr. Freeman at the
V.A. and obtained access to his bank accounts. Due to her
relationship with Mr. Freeman and access to his accounts, Ms.
Freeman transferred hundreds of thousands of dollars for her
benefit. Ms. Freeman used these funds to purchase and build
property. In February 2003, Mr. Freeman opened two financial
accounts listing Ms. Freeman as a use co-signature and
pay-on-death beneficiary and one joint account with
survivorship rights. Between 2004 and 2007, Ms. Freeman made
multiple withdrawals and transfers of money from Mr.
Freeman's accounts. After Mr. Freeman's death, she
transferred an additional $91, 330.97 from his accounts.
Mr. Freeman's children and his Estate filed a civil
action against Ms. Freeman in 2007. In 2010, a district court
entered judgment against Ms. Freeman in the amount of $722,
870.56, plus punitive ...