Opinion
S-21-0254
02-23-2022
LEROY GONZALES, Appellant (Defendant), v. THE STATE OF WYOMING, Appellee (Plaintiff).
ORDER AFFIRMING THE DISTRICT COURT'S JUDGMENT AND SENTENCE
KATE M. FOX 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. Appellant entered unconditional guilty pleas to driving under suspension and to felony driving while under the influence, a fourth or subsequent offense in ten years. Wyo.Stat.Ann. § 31-5-233. On the felony, the district court imposed a sentence of 30 to 60 months. Appellant filed this appeal to challenge the district court's September 16, 2021, Judgment and Sentence.
[¶ 2] On December 23, 2021, 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 February 10, 2022, Appellant "may file with this Court a pro se brief which specifies the issues for 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 Judgment and Sentence should be affirmed. It is, therefore, [¶ 4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant Leroy Gonzales, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶ 5] ORDERED that the Converse County District Court's September 16, 2021, Judgment and Sentence be, and the same hereby is, affirmed.
[¶ 6] DATED this 23rd day of February, 2022.