Palmer v. State

Full title: CHRISTOPHER P. PALMER, Appellant (Defendant), v. THE STATE OF WYOMING…

Court: SUPREME COURT, STATE OF WYOMING

Date published: Jun 28, 2017

397 P.3d 200 (Wyo. 2017)

2017 WY 79

Opinion

S-17-0052

06-28-2017

CHRISTOPHER P. PALMER, Appellant (Defendant), v. THE STATE OF WYOMING, Appellee (Plaintiff).

E. JAMES BURKE Chief Justice

ORDER AFFIRMING THE DISTRICT COURT'S "ORDER REVOKING PROBATION AND IMPOSING UNDERLYING 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 filed this appeal to challenge the district court's November 23, 2016, "Order Revoking Probation and Imposing Underlying Sentence." In that order, the district court revoked Appellant's standard probation and imposed a sentence of 30 to 48 months for the offense of larceny by baillee. Wyo. Stat. Ann. § 6-3-402 (LexisNexis 2009) (This statute has since been significantly amended). [¶2] On April 6, 2017, this Court filed Appellant's court-appointed appellate counsel's brief, pursuant to Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). This Court ordered that, on or before June 12, 2017, Appellant would be permitted to file a pro se brief specifying the issues he would like the Court to consider in this appeal. This Court further provided notice that, after the time for filing a pro se brief expired, this Court would decide whether counsel should be allowed 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 should be allowed to withdraw and that the district court's November 23, 2016, "Order Revoking Probation and Imposing Underlying Sentence" should be affirmed. It is, therefore, [¶4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant, Christopher P. Palmer, is hereby permitted to withdraw as counsel of record for Appellant; and it is further [¶5] ORDERED that the district court's November 23, 2016, "Order Revoking Probation and Imposing Underlying Sentence" be, and the same hereby is, affirmed. [¶6] DATED this 28^th day of June, 2017.

BY THE COURT:

/s/

E. JAMES BURKE

Chief Justice