Opinion
No. S–13–0123.
2013-11-27
Kino Rama BEMAN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
Order Affirming the District Court's Judgment and Sentence
MARILYN S. KITE, Chief Justice.
[¶ 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 pled guilty to one count of aggravated assault and battery, for causing bodily injury with a deadly weapon. Wyo. Stat. Ann. § 6–2–502(a)(ii). This is Appellant's direct appeal from the resulting conviction. On September 5, 2013, 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). Following a careful review of the record and the “Anders brief” submitted by counsel, this Court, on September 24, 2013, entered its “Order Granting Permission for Court Appointed Counsel to Withdraw.” That Order notified Appellant that the District Court's “Judgment and Sentence” would be affirmed unless, on or before November 12, 2013, Appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. Taking note that Appellant, Kino Rama Beman, has not filed a brief or other pleading within the time allotted, the Court finds that the district court's “Judgment and Sentence” should be affirmed. It is, therefore,
[¶ 2] ORDERED that the District Court's May 15, 2013, “Judgment and Sentence” be, and the same hereby is, affirmed.
[¶ 3] DATED this 27th day of November, 2013.