Opinion
S-19-0124
12-18-2019
Shannon HAMILTON, 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 guilty plea to possession of marijuana, a fourth offense felony. Wyo.Stat.Ann. § 35-7-1031(c)(i)(A). The district court imposed a three to five-year sentence, which was suspended in favor of a split sentence—seven months in jail followed by five years of probation. Appellant filed this appeal to challenge the district court’s March 6, 2019, "Judgment & Sentence."
[¶ 2] On October 7, 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 December 2, 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 "Judgment & Sentence" should be affirmed.
[¶ 4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel for Appellant, Shannon Hamilton, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶ 5] ORDERED that the district court’s March 6, 2019, "Judgment & Sentence" be, and the same hereby is, affirmed.
[¶ 6] DATED this 18th day of December, 2019.
BY THE COURT:
/s/ MICHAEL K. DAVIS