Martin v. State, 441 P.3d 855 (2019)

June 5, 2019 · Supreme Court of Wyoming · S-19-0029
441 P.3d 855
Kyle McCabe MARTIN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Kyle McCabe MARTIN, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

S-19-0029

Supreme Court of Wyoming.

June 5, 2019

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 guilty pleas to (1) one count of aggravated kidnapping, (2) one count of aggravated robbery, and (3) one count of aggravated burglary. Wyo.Stat.Ann. § 6-2-201(a) & (d) ; § 6-2-401(a) & (c); and § 6-3-301(a) & (c). The district court imposed a sentence of 75 years to life for kidnapping, with the lesser sentences to run concurrently. Appellant filed this appeal to challenge the district *856court's December 19, 2018, "Judgment and Sentence."

[¶2] On April 3, 2019, 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 May 20, 2019, Appellant may "file with this Court a pro se brief specifying the issues he would like the 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." Appellant has not filed 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, Kyle McCabe Martin, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

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

[¶6] DATED this 5th day of June, 2019.

BY THE COURT:

/s/ MICHAEL K. DAVIS

Chief Justice