Summary 2006 WY 117

Summary of Decision issued September 22, 2006

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Case Name: Modrell v. State

Citation: 2006 WY 117

Docket Number: 06-29

Order Affirming the District Court’s “Order Denying Defendant’s Motion to Correct Illegal Sentence”

The matter came before the Court upon its own motion following notification that Appellant failed to file a pro se brief within the time allotted by the Court. On June 29, 2006, Appellant’s court-appointed appellate counsel filed a “Motion to Withdraw” as counsel, pursuant to Anders v. California. Following a careful review of the record and the “Anders brief” submitted by counsel, the Court entered its “Order Granting Permission for Court Appointed Counsel to Withdraw and Conditionally Affirming Order Denying Motion to Correct Illegal Sentence” on July 18, 2006. That Order provided that the District Court’s December 28, 2005, “Order Denying Defendant’s Motion to Correct Illegal Sentence” would be summarily affirmed unless Appellant, on or before September 1, 2006, filed a brief that persuaded the Court that the captioned appeal was not wholly frivolous. Taking notice that Appellant has failed to file a brief or other pleading within the time allotted, the Court finds that the “Order Denying Defendant’s Motion to Correct Illegal Sentence” should be affirmed.

C.J. Voigt delivered the order for the court.

Link to the case: http://tinyurl.com/zrs68 .