Wednesday, October 27, 2010

Summary 2010 WY 2010

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: Blagg v. State

Citation: 2010 WY 141

Docket Number: S-10-0137

URL: http://tinyurl.com/28eh8b9

Date of Decision: October 27, 2010

Order Affirming Judgment and Sentence of District Court

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. A Campbell County jury found appellant guilty of sexual exploitation of a child—for possessing child pornography. Wyo. Stat. Ann. § 6-4-303(b)(iv) & (d). On August 9, 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 31, 2010, its “Order Granting Permission for Court Appointed Counsel to Withdraw.” That Order provided that the District Court’s April 20, 2010 “Sentence” would be affirmed unless, on or before October 18, 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 “Sentence” should be affirmed.

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