Gore v. State
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The Supreme Court affirmed the judgment of the district court convicting Defendant of one count of felony theft, holding that the evidence was sufficient to support the conviction and that the court's order contained sufficient finding of a common scheme.
Defendant renovated a home and used the materials separately purchased by homeowners as a reduction to his bid price. Defendant later took the materials to a retailer and, in two separate transactions, returned them for more than $1000. The district court convicted Defendant of one count of felony theft. On appeal, Defendant argued that the evidence was insufficient to establish that he intentionally stole the materials and that the district court erred when it failed explicitly to find that the items were stolen pursuant to a "common scheme or the same transaction" under Wyo. Stat. Ann. 6-3-410 when it aggregated the value of the stolen property. The Supreme Court affirmed, holding (1) there was sufficient evidence to support the conviction; and (2) the district court made the necessary finding of a common scheme, and its finding was not clearly erroneous.
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