Jackson v. State, 430 P.3d 1176 (2018)

Dec. 12, 2018 · Supreme Court of Wyoming · S-18-0188
430 P.3d 1176
Wendell JACKSON, Jr., Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Wendell JACKSON, Jr., Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

S-18-0188

Supreme Court of Wyoming.

December 12, 2018

ORDER AFFIRMING THE DISTRICT COURT'S JUDGMENT AND SENTENCE

[¶ 1] This matter came before the Court upon its own motion following notification *1177that Appellant has not filed a pro se brief within the time allotted by this Court. Pursuant to a plea agreement, Appellant entered an unconditional "no contest" plea to one count of aggravated assault and battery. Wyo. Stat. Ann. § 6-2-502(a)(iii). The district court imposed a sentence of 3 to 5 years. Appellant filed this appeal to challenge the district court's June 14, 2018, "Judgment and Sentence."

[¶ 2] On October 1, 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). The next day, this Court entered an "Order Granting Motion for Extension of Time to File Pro Se Brief." This Court ordered that, on or before November 26, 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, Wendell Jackson, Jr., is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the district court's June 14, 2018, "Judgment and Sentence" be, and the same hereby is, affirmed.

[¶ 6] DATED this 12th day of December, 2018.

BY THE COURT:

/s/ MICHAEL K. DAVIS

Chief Justice