Wednesday, August 08, 2012

Summary 2012 WY 108

Summary of Decision August 8, 2012

Order Affirming Sentence of the District Court


Docket Number: S-12-0079


Date of Decision: August 8, 2012

This matter came before the Court upon Appellant’s letter, which was filed herein July 25, 2012. Appellant pled “no contest” to, and was convicted of, one count of child abuse. On May 21, 2012, 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). Following a careful review of the record and the “Anders briefs” submitted by counsel, this Court, on June 12, 2012, entered its “Order Granting Permission for Court Appointed Counsel to Withdraw.” That Order provided that the District Court’s February 27, 2012 “Sentence” would be affirmed unless, on or before July 30, 2012, appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. In response to this Court's "Order Granting Permission for Court Appointed Counsel to Withdraw," Appellant filed the above-referenced letter. After a careful review of that letter, this Court finds that Appellant has not established that the captioned appeal is less than frivolous. Appellant’s letter in no way resembles an appellate brief and, further, is devoid of cogent argument and citation to pertinent authority. To the extent this Court can decipher any argument, this Court notes that Appellant’s complaints were addressed in the Anders brief. Therefore, the Court finds that the District Court's “Sentence” should be affirmed. It is, therefore,

ORDERED that the District Court’s February 27, 2012 “Sentence” be, and the same hereby is, affirmed.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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