 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Perritt v. State9/23/2005
charged to nonDFS clients.
(ii) When the provider has a rate other than hourly, the provider's rate must be converted to an hourly scale. The rate paid on the hourly scale cannot exceed the provider's daily, weekly, or monthly maximum rate.
(iii) Providers/Directors must submit any change of their rates to DFS using a prescribed DFS form and a copy of the rate sheet they use for non-DFS clients.
(iv) DFS will use the new rate when the provider submits the new rate more than five (5) working days prior to the effective date of the change. When the new rate is submitted less than five working days prior to the change, the new rate will be effective five (5) working days after it is received. The new rate applies only to authorizations written after the rate change.
(h) Payments may continue when a provider requests an administrative hearing pending action taken by the Child Care Licensing Unit unless there is a substantiated child abuse or neglect case.
(i) Overpayment, fraud and intentional program violation disqualification procedures in section 13 apply. [Emphasis added.]
[ ] Because DFS believed it had proof that Kris was present in Perritt's home during parts of the time the day care business was in operation, on September 20, 2001, DFS issued an Order of Summary Suspension prohibiting Perritt from continuing to operate her day care business. However, DFS personnel continued to investigate this matter and its potential as a criminal matter to be presented to the Natrona County District Attorney for prosecution. Upon completion of the investigation, the results of that investigation, including an alleged admission by Perritt that she had deliberately concealed Kris's presence in her home from DFS, was promptly referred to the Natrona County District Attorney for criminal prosecution. We will discuss other essential facts in the context of each issue presented.
DISCUSSION
Sufficiency of Evidence of False Pretenses
[ ] In addressing a claim of insufficiency of the evidence, we must determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. When considering a claim of the sufficiency of the evidence, we review that evidence with the assumption that the evidence of the prevailing party is true, disregard the evidence favoring the unsuccessful party, and give the prevailing party the benefit of every favorable inference that we may reasonably draw from the evidence. We will not reweigh the evidence nor will we re-examine the credibility of the witnesses. Pacheco v. State, 2004 WY 160, , 102 P.3d 887, 889 (Wyo. 2004); Mascarenas v. State, 2003 WY 124, , 76 P.3d 1258, 1260 (Wyo.2003)).
[ ] The elements of the crime of obtaining property by false pretenses are readily gleaned from Wyo. Stat. Ann. § 6-3-407 (LexisNexis 2003), which provides:
§ 6-3-407. Obtaining property by false pretenses; penalties.
(a) A person who knowingly obtains property from another person by false pretenses with intent to defraud the person is guilty of:
(i) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the value of the property is five hundred dollars ($500.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, § 3.
(iii) A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the value of the property is less than five hundred dollars ($500.00).
[ ] The sense of that statute
Page 1 2 3 4 5 6 7 8 9 10 11 Wyoming Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|