Wednesday, August 10, 2011

Summary 2011 WY 117

Summary of Order August 10, 2011

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Case Name: Carroll v. State

Citation: 2011 WY 117

Docket Number: S-11-0074


Order Affirming the District Court’s “Order Revoking Probation and Judgment and Sentence”

Date of Order: August 10, 2011

Facts: Appellant pled guilty to one count of sexual abuse of a minor in the third degree. The district court imposed a sentence of two to three years, which was suspended in favor of seven years of supervised probation. Subsequently, the district court revoked Appellant’s probation and imposed the underlying sentence. The “Order Revoking Probation and Judgment and Sentence” was entered in December, 2010. Appellant filed this appeal to challenge that order. In May, 2011, Appellant’s court-appointed appellate counsel filed a “Motion to Withdraw as Counsel.” After careful review of the record and the “Anders brief”, the Court, on June 7, 2011, granted withdrawal of counsel and notified Appellant that the district court’s order would be affirmed unless, on or before July 25, 2011, Appellant filed a brief that persuaded the Court that the captioned appeal was not wholly frivolous. This matter came before the Court upon its own motion following notification that appellant had not filed a pro se brief within the time allotted by the Court.

Holdings: Because Appellant had not filed a brief or other pleading within the time allotted, the Court found that the district court’s order should be affirmed. The Court ordered that the district court’s December 28, 2010, “Order Revoking Probation and Judgment and Sentence” be affirmed.

C.J. Kite delivered the opinion for the court.

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