Thursday, January 23, 2014

Summary of Order 2014 WY 8

Summary of Order January 22, 2014

Chief Justice Kite delivered the Order for the Court.


Docket Number: S-13-0192


Date of Order: January 22, 2014


This matter came before the Court upon “Appellant[’]s Brief / Motion to Appoint Counsel,” filed pro se herein January 7, 2014. Pursuant to a plea agreement, Appellant pled “no contest” to three felonies: one count of kidnapping and two counts of first degree sexual assault. This is Appellant’s direct appeal from the resulting convictions. On October 30, 2013, 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 review of the record and the “Anders brief” submitted by appellate counsel, this Court, on November 26, 2013, entered its “Order Granting Permission for Court Appointed Counsel to Withdraw.” That Order notified Appellant that the district court’s “Judgment and Sentence” would be affirmed unless Appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. Now, after a careful review of Appellant’s Brief, the Court finds that the district court’s “Judgment and Sentence” should be affirmed. This Court finds that Appellant has not provided any precedent or cogent argument to establish that this appeal has merit. Instead, Appellant, for the most part, repeats potential issues that were thoroughly discussed in appellate counsel’s Anders brief. Finally, this Court finds that Appellant’s motion to appoint counsel should be denied, inasmuch as Appellant was already provided appellate counsel, who was allowed to withdraw pursuant to this Court’s Anders brief procedure. It is, therefore,

ORDERED that Appellant’s Motion to Appoint Counsel, filed herein January 7, 2014, be, and the same hereby is, denied; and it is further

ORDERED that the district court’s June 28, 2013, “Judgment and Sentence” be, and the same hereby is, affirmed.

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

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