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Nixon v. State12/22/1999
Appeal from the District Court of Campbell County Honorable John C. Brackley, Judge
Todd Nixon appeals his conviction, judgment and sentence for felony assault on a peace officer in violation of Wyo. Stat. Ann. ' 6-5-204(b) (LEXIS 1999). Nixon claims his constitutional right to an impartial jury was violated when the trial court failed to transfer his trial to another county after negative pretrial publicity tainted the jury pool. He also argues the evidence was insufficient to prove his guilt beyond a reasonable doubt. Nixon=s sentence included an order to pay restitution to the Wyoming Workers= Compensation Division (Division), which he claims violates Wyoming law because the Division is an insurer with a right of subrogation and, therefore, lies outside the definition of Avictim@ as contemplated by the victim restitution statutes, Wyo. Stat. Ann. '' 7-9-101 et seq. (LEXIS 1999).
The trial court denied Nixon=s motion to transfer venue only after voir dire was completed and a jury empaneled. The trial court is in the best position to determine whether potential jurors are biased, and we will not disturb its denial of a motion to transfer venue absent an abuse of discretion. We perceive no such abuse here. Based on the evidence it heard, a rational jury could find Nixon guilty of felony assault on a peace officer. Because the Division is not an Ainsurer,@ the trial court=s restitution order was appropriate. Therefore, we affirm the conviction, judgment and sentence.
ISSUES
Appellant Todd Nixon presents three issues for our review:
I. Did the trial court deny Todd Nixon=s constitutional right to a fair jury trial by denying Mr. Nixon=s motion to transfer proceedings to a new venue, even though inflammatory pretrial publicity in the local community had prejudiced the public against Mr. Nixon?
II. Was there sufficient evidence to convict Todd Nixon of felony assault on a peace officer, in violation of Wyoming Statute ' 6-5-204(b), when Mr. Nixon lacked intent to harm anyone while attempting to hug his mother, and when the alleged victim himself testified that he was not struck by Mr. Nixon?
III. Did the trial court err when it awarded restitution to the state worker=s compensation division for payments made to Deputy Urman when insurers ordinarily are not eligible Avictims@ for purposes of the restitution statute?
Appellee State of Wyoming presents this statement of the issues:
I. Did the district court err in denying Appellant=s motion to transfer the proceedings to a different county?
II. Was the evidence sufficient to permit the jury to find Appellant guilty of felony assault upon a peace officer in violation of Wyo. Stat. ' 6-5-204(b)?
III. Did the district court err in ordering that Appellant pay $95 to the worker=s compensation division as restitution for medical expenses paid for injuries to the victim?
FACTS In a separate matter, Nixon pleaded guilty to charges of first degree murder and aggravated assault for the death of his three-year-old stepdaughter and was sentenced for that crime on October 10, 1997. After he was sentenced, an altercation broke out in the courtroom between Nixon and the peace officers who were to escort him out of the room. One officer, Deputy Urman, sustained strained muscles and tendons in his shoulder and carpet burns to his right wrist. As a result of this incident, Nixon was charged with felony assault on a peace officer in violation of Wyo. Stat. Ann. ' 6-5-204(b) (LEXIS 1999).
Before the trial on the assault charge, Nixon filed a W.R.Cr.P. Rule 21(a) motion to transfer the proceedings, alleging overw
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