Opinion
S-20-0179
11-25-2020
Russell George MACKIE, 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 unconditional guilty pleas to (1) strangulation of a household member and (2) misdemeanor domestic battery. Wyo.Stat.Ann. § 6-2-509(a)(i) ; Wyo.Stat.Ann. § 6-2-511. On the felony, the district court imposed a seven to ten-year sentence. Appellant filed this appeal to challenge the district court's May 20, 2020, "Sentencing Order."
[¶ 2] On September 25, 2020, 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 ordered that 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 appellate counsel's motion to withdraw should be granted and the district court's "Sentencing Order" should be affirmed. It is, therefore,
[¶ 4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant Russell George Mackie, 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 20, 2020, "Sentencing Order" be, and the same hereby is, affirmed.
[¶ 6] DATED this 25th day of November, 2020.