Kenyon v. State

986 P.2d 849 (1999)

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Nature of the Case

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Facts

D and his fiancee, Kelly Crossfield, went on a trip around the United States. Their van broke down in Kansas. D and Crossfield could not afford to repair the van, so they placed it in storage and hitchhiked to Denver, Colorado. They planned to stay with Crossfield's sister, who lived in Denver, but she did not have room for them. D and Crossfield continued hitchhiking and eventually ended up in Cheyenne. D and Crossfield entered the Southside Furniture store. D spoke with James Sanchez, who was a store employee, and told him that he and Crossfield were hungry and did not have a place to stay. Sanchez gave D and Crossfield some money and told them that they could stay in a trailer that was parked next to the house he shared with his fiancee. Sanchez asked the couple to do some odd jobs in exchange for being allowed to use the trailer. Sanchez also allowed P and Crossfield to use his truck on several occasions. D used the truck to run errands, seek employment, and accomplish odd jobs for Sanchez. On September 28, 1997, Sanchez allowed D to use the truck to go to his worksite. A police officer stopped D for speeding and discovered that D's driver's license had been suspended. The officer took D and Crossfield to Sanchez's home and explained the situation to Sanchez. Sanchez told D that he could not use his truck any longer. Crossfield spoke with her children, who were living in California with their father. There was a family emergency. On September 30, 1997, Crossfield and D took Sanchez's truck and went to California to retrieve Crossfield's children. Sanchez reported to the police that his truck had been stolen. D and Crossfield were arrested. D pleaded guilty in Oregon to one count of unauthorized use of a motor vehicle. He was subsequently extradited to Wyoming and charged with grand larceny. The jury found D guilty of the crime. D appealed. D maintains that the trial court abused its discretion when it refused to allow him to testify that Crossfield told him Sanchez had given them permission to use the truck.