Opinion
S-24-0189
11-06-2024
JOHN RICHARD LUKER, 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 in the time allotted. Pursuant to a plea agreement, Appellant entered unconditional guilty pleas to two counts of sexual exploitation of children. Wyo. Stat. Ann. § 6-4-303(b)(ii). The district court imposed concurrent sentences of two to six years. Appellant filed this appeal to challenge the district court's May 23, 2024, Sentencing Order.
[¶ 2] On August 28, 2024, 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 October 24, 2024, Appellant may file with this Court a pro se brief specifying 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. 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 and sentence should be affirmed. It is, therefore, [¶ 4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant John Richard Luker, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶ 5] ORDERED that the Carbon County District Court's May 23, 2024, Sentencing Order, be, and the same hereby is, affirmed.
[¶ 6] DATED this 6th day of November, 2024.