from the District Court of Campbell County The Honorable John
R. Perry, Judge
Representing Appellant: Office of the State Public Defender:
Diane Lozano, Wyoming State Public Defender; Kirk A. Morgan,
Chief Appellate Counsel; David E. Westling, Senior Assistant
Appellate Counsel. Argument by Mr. Westling.
Representing Appellee: Bridget Hill, Wyoming Attorney
General; Jenny L. Craig, Deputy Attorney General; Christyne
M. Martens, Senior Assistant Attorney General; Benjamin
Fischer, Assistant Attorney General. Argument by Mr. Fischer.
DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.
Christopher Gore agreed to renovate a home and to use
materials separately purchased by the homeowners as a
reduction to his bid price. He later took the materials to a
retailer and, in two different transactions, returned them
for more than $1000. Following a bench trial, the district
court convicted Mr. Gore of one count of felony theft. Mr.
Gore argues that the evidence was insufficient to establish
that he intentionally stole the materials and that the
district court erred in aggregating the returns to arrive at
a felony dollar amount without an explicit finding of a
"common scheme." We affirm.
Mr. Gore raises two issues on appeal:
1. Was the evidence sufficient to establish that Mr. Gore
intentionally stole the property?
2. Was an explicit finding of a common scheme required to
aggregate the value of the stolen property?
Brigitte and Mark McClintock planned to renovate a townhouse
they owned in Gillette, Wyoming. They purchased materials
because they intended to do the work themselves. Eventually,
they decided to hire a general contractor to complete the job
and contacted Mr. Gore. He offered to complete the renovation
for $30, 000. The McClintocks negotiated, asking him to use
the materials they had previously purchased as an offset to
the bid price. Mr. Gore agreed and entered into a renovation
contract with the McClintocks for $28, 000, which included
all materials and labor, payable in advance.
Almost immediately problems arose. Mr. Gore demanded more
money. He required the McClintocks to purchase additional
materials and refused to explain why the purchases were not
covered by the contract. He barred the McClintocks from the
work site after they expressed dissatisfaction with his work.
Things came to a head when Mr. Gore claimed one of his
workers had been injured on the job. Concerned about the
safety of the work site, the McClintocks contacted the city
of Gillette and the city conducted an inspection. The city
identified five building code violations and ordered the work
cease and desist.
On the same day the cease and desist order issued, Ms.
McClintock performed a walk-through of the property, where
she observed the materials she and her husband had purchased
along with other ...