/s/ MICHAEL K. DAVIS
Chief Justice
Russell v. State, 444 P.3d 83 (2019)
July 17, 2019
·
Supreme Court of Wyoming
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S-19-0055
444 P.3d 83
Brian Todd RUSSELL, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).
S-19-0055
Supreme Court of Wyoming.
July 17, 2019
ORDER AFFIRMING THE DISTRICT COURT'S ORDER DENYING MOTION TO CORRECT ILLEGAL 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. Appellant took this appeal to challenge the district court's December 28, 2018, "Order Denying Defendant's Motion to Correct Illegal Sentence."
[¶ 2] On May 15, 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 July 1, 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." 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 "Order Denying Defendant's Motion to Correct Illegal Sentence" should be affirmed. It is, therefore,
[¶ 4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant, Brian Todd Russell, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶ 5] ORDERED that the district court's December 28, 2018, "Order Denying Defendant's Motion to Correct Illegal Sentence," be, and the same hereby is, affirmed.
[¶ 6] DATED this 17th day of July, 2019.