Farley v. State, 422 P.3d 967 (2018)

Aug. 1, 2018 · Supreme Court of Wyoming · S-18-0082
422 P.3d 967
Alan Layne FARLEY, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Alan Layne FARLEY, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

S-18-0082

Supreme Court of Wyoming.

August 1, 2018

ORDER AFFIRMING THE DISTRICT COURT'S JUDGMENT AND SENTENCE

[¶ 1] This matter came before the Court upon its own motion following notification that Appellant has not filed a pro se brief within the time allotted by this Court. Pursuant to a plea agreement, Appellant entered unconditional "Alford " guilty pleas to two charges: child abuse (a felony) and sexual battery (a misdemeanor). Wyo. Stat. Ann. § 6-2-503(b)(ii) ; § 6-2-313. On the felony, the district court imposed a 7 to 10-year sentence, which was suspended in favor of five years of supervised probation. Appellant filed this appeal to challenge the district court's January 19, 2018, "Judgment and Sentence."

[¶ 2] On May 25, 2018, Appellant's court-appointed appellate counsel filed a "Motion to Withdraw as Counsel," pursuant to Anders v. California , 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). This Court subsequently entered an "Order Granting Motion for Extension of Time to File Pro Se Brief." This Court ordered that, on or before July 12, 2018, Appellant "may file with this Court a pro se brief specifying the issues he would like this Court to consider in this appeal." This Court also provided notice that, after the time for filing a pro se brief expired, this Court would "make its ruling on counsel's motion to withdraw and, if appropriate, make a final decision on this appeal." This Court notes that Appellant did not file a pro se brief or other pleading in the time allotted.

[¶ 3] Now, following a careful review of the record and the " Anders brief" submitted by appellate counsel, this Court finds that appellate counsel's motion to withdraw should be granted and the district court's "Judgment and Sentence" should be affirmed. It is, therefore,

[¶ 4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant, Alan Layne Farley, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the district court's January 19, 2018, "Judgment and Sentence" be, and the same hereby is, affirmed.

[¶ 6] DATED this 1st day of August, 2018.

BY THE COURT:

/s/ MICHAEL K. DAVIS

Chief Justice