Opinion
S-19-0084
09-25-2019
Trapper Ray CANFIELD, 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. Pursuant to a plea agreement, Appellant entered an unconditional guilty plea to possession of a felony amount of methamphetamine. Wyo.Stat.Ann. § 35-7-1031(c)(ii). The district court imposed a three to six-year sentence, suspended in favor of five years of probation. Appellant filed this appeal to challenge the district court’s March 26, 2019, "Order Entering Judgment, Sentence and Probation Order."
[¶ 2] On July 29, 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). 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 12, 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 Entering Judgment, Sentence and Probation Order" should be affirmed.
[¶ 4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel for Appellant, Trapper Ray Canfield, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶ 5] ORDERED that the district court’s March 26, 2019, "Order Entering Judgment, Sentence and Probation Order" be, and the same hereby is, affirmed.
[¶ 6] DATED this 25th day of September, 2019.
BY THE COURT:
/s/ MICHAEL K. DAVIS