Capshaw v. State9/29/2000
trips to California, participating in his purchases from Tisdale, and eventually handling most of the Casper sales. Later, Capshaw's introduction of Horn to Tisdale paved the way for Horn to make his own purchases of methamphetamine, which he resold in Casper.
On March 22, 1993, Horn and Capshaw picked up a shipment of at least three quarters of a pound of methamphetamine from Tisdale. Capshaw told Draper that he had spent $6,000.00 for methamphetamine on that particular trip. However, ten miles out on the return leg to Casper, the conspirators' vehicle broke down. Tisdale was certain of the date because when he went to rescue Horn and Capshaw, he was arrested by a California highway patrolman for driving under the influence . In addition, the next morning Tisdale's wife rented a car for Horn and Capshaw to use on their return trip, and the dated rental car receipt was admitted into evidence.
The police obtained Tisdale's rental car agreement when a search warrant was executed upon the home shared by Michelle McIntosh (McIntosh) and Horn on March 24, 1993. When Capshaw and Horn returned from that late March trip, Draper observed them weighing out sales portions, repackaging those smaller amounts in separately sealed containers, and selling their product to an unidentified "dark haired girl with a child, a little boy or a little girl." The search warrant, which was obtained as a result of Draper's information, yielded two ounces of methamphetamine, $650.00 in cash, the scales employed by the two conspirators, numerous resale containers, and the rental car agreement, inter alia .
Capshaw made one final bulk purchase of methamphetamine from Tisdale in June of that year, "around Father's Day, 1993." McIntosh drove Capshaw to Salt Lake City, Utah, and the two of them then proceeded to Stockton, California, by train. Tisdale picked them up at the train station and took them to a motel where they stayed the night. The next day, Tisdale and Capshaw sought out a source for their final transaction. Following the couple's return to Wyoming, Capshaw gave an individual dose of methamphetamine to McIntosh as a reward for providing her vehicle and company on the trip.
DISCUSSION
Admission of Rule 404(b) Evidence
Prior to the commencement of trial, Capshaw filed a demand for notice of prosecutorial intent to introduce evidence pursuant to W.R.E. 404(b), as well as a motion in limine aimed, inter alia, at excluding evidence of bad acts, either prior to or after the time frame of the conspiracy alleged. The State then notified Capshaw of its intent to introduce evidence concerning a visit Capshaw made to Evanston, Wyoming, on April 13 and 14, 1993. The State sought to prove that Capshaw and an unidentified third party had shared a motel room on that occasion and, upon vacating the motel room, four baggies, each containing approximately ¼ ounce of methamphetamine, were found by the cleaning crew after the two occupants of the room had checked out. Eventually, the district court analyzed that evidence according to the test articulated in Vigil v. State, 926 P.2d 381, 357 (Wyo. 1996) (hereinafter, the Vigil test), finding it admissible. In its case in chief, the State called five witnesses and offered four exhibits to prove that incident. Capshaw renews his challenge to any evidence concerning the motel incident, asserting that such evidence had no demonstrable relevance to the charges against him, that the prejudicial impact of the evidence far outweighed any probative value that it might have had, and, in any event, that dual occupancy of the motel room should have obviated any effort to connect the seized methamphetamine with him.
Admission of e
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