Gehnert v. State, 430 P.3d 323 (2018)

Nov. 28, 2018 · Supreme Court of Wyoming · S-18-0126
430 P.3d 323
Kayla Marie GEHNERT, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Kayla Marie GEHNERT, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

S-18-0126

Supreme Court of Wyoming.

November 28, 2018

ORDER AFFIRMING THE DISTRICT COURT'S JUDGMENT AND SENTENCE

[¶ 1] This matter came before the Court upon its own motion following the filing of Appellant's pro se brief. Pursuant to a plea agreement, Appellant entered an unconditional "no contest" plea to one felony count of inference with a peace officer. Wyo.Stat.Ann. § 6-5-204(b). The district court imposed a 2 to 4-year sentence. Appellant filed this appeal to challenge the district court's April 24, 2018, "Judgment and Sentence."

[¶ 2] On July 11, 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 permitted Appellant to "file with this Court a pro se brief specifying the issues she would like the Court to consider in this appeal." Appellant filed her pro se brief pursuant to that order.

[¶ 3] Now, following a careful review of the record, the " Anders brief" submitted by appellate counsel, and the pro se brief filed by Appellant, this Court finds that appellate counsel's motion to withdraw should be granted and the district court's "Judgment and Sentence" should be affirmed. With respect to the claims of ineffective assistance of counsel made in the pro se brief, this Court concludes those claims cannot be sustained on the record extant. It is, therefore,

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

[¶ 5] ORDERED that the district court's April 24, 2018, "Judgment and Sentence" be, and the same hereby is, affirmed.

[¶ 6] DATED this 28th day of November, 2018.

BY THE COURT:

/s/ ______________________________

MICHAEL K. DAVIS

Chief Justice