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City of Casper v. Fletcher5/14/1996
The question raised in this case is whether a person charged with a violation of a city ordinance, which provides no jail time for conviction, is entitled to a trial by jury. The district court, in reversing respondent's conviction, held that since respondent could have been charged under a state statute which does provide for incarceration, he should have had a jury trial pursuant to our decision in City of Casper v. Cheatham, 739 P.2d 1222 (Wyo. 1987). We conclude that our decision in Cheatham does not mandate a jury trial under these circumstances and reverse the district court.
The City of Casper presents, as its primary issue, the following statement:
Whether a jury trial is required for a petty offense that does not allow a potential jail sentence, nor result in any collateral consequences upon conviction.
Respondent, Robert Fletcher, appearing pro se, sets out three issues:
I. Whether Casper municipal court deprived the respondent of the right to a trial by jury, as guaranteed to all citizens of the State of Wyoming, by Article 1, Section 9, of the Wyoming State Constitution.
II. Whether the Casper City Attorney can use the doctrine of prosecutorial discretion (or indiscretion) to deny Wyoming citizens the right to a trial by a jury of their peers, as guaranteed by the Wyoming State Constitution.
III. Whether a city's explicit authority to enforce and enact its own ordinances includes the right to deny citizens the rights guaranteed by the United States and Wyoming constitutions.
BACKGROUND
Respondent was charged in Casper Municipal Court with violating Casper City Ordinance 9.08.010, Assault and Battery. Respondent filed a demand for a jury trial, which was denied by the municipal court. After a bench trial, respondent was convicted and fined $260.00 and ordered to pay $50.00 to the victim's compensation fund.
Respondent appealed to the district court. The district court reversed, concluding that respondent should have been given a jury trial, reasoning:
[Respondent] was found guilty of assault under a city ordinance which does not provide for a jail sentence. Juries are not required for "petty" offenses. However, the case of City of Casper v. Cheatham, 739 P.2d 1222 (Wyo. 1987), establishes that an offense is not necessarily a petty offense when a fine is the only authorized punishment. The Cheatham case holds that factors in addition to potential punishment shall be considered in determining whether an offense is a petty offense. One factor considered by the Supreme Court is that the drunk driving charge in the Cheatham case could have been filed either in Municipal Court or in County Court where a jury trial was available to the Defendant.
The same is true in this case. The assault charge could have been filed in County Court under the state statute. To accept the position of the City would be to say that the prosecution can decide whether someone charged with assault in the City limits shall receive a jury trial or not. On the other hand, those charged with assault outside the City limits are always entitled to a jury trial. The Supreme Court did not view this result favorably in the Cheatham case.
The City of Casper then filed a Petition for Review with this court.
DISCUSSION
We begin our analysis with a review of our decision in Cheatham. The defendant in that case was charged with driving while under the influence of intoxicating liquor in violation of a City of Casper ordinance which provided for a maximum penalty of a $750.00 fine. We noted that, normally, where a statute provides for
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