Wednesday, October 27, 2010

Summary 2010 WY 140

Summary of Decision issued October 27, 2010

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Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

Case Name: Gomez v. State

Citation: 2010 WY 140

Docket Number: S-10-0131

URL: http://tinyurl.com/2bpvqy5

Date of Decision: October 27, 2010

Order Affirming Judgment and Sentence of District Court

his 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 pled guilty to one count of conspiracy to deliver methamphetamine. Wyo. Stat. Ann. § 35-7-1031(a)(i) & § 35-7-1042. On August 2, 2010, Appellant’s court-appointed appellate counsel filed a “Motion to Withdraw as Counsel,” pursuant to Anders v. California, 386 U.S. 738, 744 (1967). Following a careful review of the record and the “Anders briefs” submitted by counsel, this Court entered, on August 24, 2010, its “Order Granting Permission for Court Appointed Counsel to Withdraw.” That Order provided that the District Court’s March 17, 2010 “Judgment and Sentence” would be affirmed unless, on or before October 8, 2010, Appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. Taking note that Appellant has not filed a brief or other pleading within the time allotted, the Court finds that the district court’s “Judgment and Sentence” should be affirmed.

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