Opinion
S-20-0137
09-30-2020
Paul Wallace HALL, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
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. Appellant entered an unconditional "no contest" plea to one count of possession of a controlled substance (oxycodone) with intent to deliver. Wyo. Stat. Ann. § 35-7-1031(a)(ii). The district court imposed a six to eight-year sentence, with was suspended in favor of probation. Appellant filed this appeal to challenge the district court's May 18, 2020, "Plea Change Hearing Order and Judgment and Sentence."
[¶ 2] On July 30, 2020, 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 September 14, 2020, 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 appellate counsel's motion to withdraw should be granted and the district court's "Plea Change Hearing Order and Judgment and Sentence" should be affirmed.
[¶ 4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant Paul Wallace Hall, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶ 5] ORDERED that the district court's May 18, 2020, "Plea Change Hearing Order and Judgment and Sentence" be, and the same hereby is, affirmed.
[¶ 6] DATED this 30th day of September, 2020.
BY THE COURT:
/s/ MICHAEL K. DAVIS