Opinion
S-20-0004
06-24-2020
Kenneth James WARD, 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 in the time allotted. Pursuant to a plea agreement, Appellant entered an unconditional "no contest" plea to wrongful taking or disposing or property. Wyo.Stat.Ann. § 6-3-403(a). The district court imposed an eight to ten-year sentence, which was suspended in favor of three years of probation. Appellant filed this appeal to challenge the district court's October 28, 2019, "Judgment and Sentence."
[¶ 2] On April 13, 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 entered an order permitting Appellant to "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. Appellant's pro se brief was due for filing on or before May 28, 2020. 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 Kenneth James Ward, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶ 5] ORDERED that the Sweetwater County District Court's October 28, 2019, "Judgment and Sentence" be, and the same hereby is, affirmed.
[¶ 6] DATED this 24th day of June, 2020.
BY THE COURT:
/s/ MICHAEL K. DAVIS