Tuesday, April 08, 2014

ORDER 2014 WY 44

Order Affirming Appellant’s Conviction and Sentence and Order Remanding to District Court for Correction of Sentencing Order

Case Name: Jacob Donald Fritz v. The State of Wyoming

Docket Number: S-13-0213

URL: http://www.courts.state.wy.us/Opinions.aspx

Date of Order: April 8, 2014


This 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. Pursuant to a plea agreement, Appellant pled guilty to one count of felony interference with a peace officer. Wyo. Stat. Ann. § 6-5-204(b). This is Appellant’s direct appeal from the resulting conviction. On January 16, 2014, 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 brief” submitted by counsel, this Court, on February 5, 2014, entered its “Order Granting Permission for Court Appointed Counsel to Withdraw.” That Order notified Appellant that the district court’s “Sentencing Order” would be affirmed unless, on or before March 25, 2014, Appellant filed a brief that persuaded this Court the captioned appeal is not wholly frivolous. Taking note that Appellant, Jacob Donald Fritz, has not filed a brief or other pleading within the time allotted, the Court finds that the Appellant’s conviction and sentence should be affirmed.

This Court also finds this matter should be remanded to the district court for correction of the “Sentencing Order.” The Court notes that, although Appellant was given an adequate firearms advisement (as required by Wyo. Stat. Ann. § 7-11-507(a)), the district court’s “Sentencing Order” does not include a statement to that effect, as required by W.R.Cr.P. 32(b)(1)(E) and Starrett v. State, 2012 WY 133, ¶¶ 11-12, 19, 286 P.3d 1033, 1037-38, 1040 (Wyo. 2012). It is, therefore,

ORDERED that Appellant’s conviction and sentence are hereby affirmed; and it is further
ORDERED that this matter is remanded to the district court for entry of an amended sentencing order, which shall include the firearms advisement required by Wyo. Stat. Ann. § 7-11-507(a).

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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