Order Affirming the District Courts Judgment and Sentence
[¶1] 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 entered an unconditional guilty plea to felony driving while under the influence, a fourth or subsequent offense in ten years. Wyo. Stat. Ann. § 31-5-233. The district court imposed a sentence of three and one-half to seven years. Appellant filed this appeal to challenge the district courts March 9, 2022, Judgment and Sentence.
[¶2] On July 1, 2022, Appellants court-appointed appellate counsel e-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). This Court subsequently entered an Order Granting Motion for Extension of Time to File Pro Se Brief. This Court ordered that, on or before August 22, 2022, Appellant was permitted to file with this Court a pro se brief specifying the issues he would like the Court to consider in this appeal. This Court also provided notice that, after the time for filing a pro se brief expired, this Court would make its ruling on counsels motion to withdraw and, if appropriate, make a final decision on this appeal. Appellant did not file a pro se brief or other pleading in the time allotted.
[¶3] Now, following a careful review of the record and the Anders brief submitted by appellate counsel, this Court finds appellate counsels motion to withdraw should be granted and the district courts Judgment and Sentence should be affirmed. It is, therefore,
[¶4] ORDERED that the Wyoming Public Defenders Office, court-appointed counsel for Appellant Shawn Pierre Francis, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶5] ORDERED that the Johnson County District Courts March 9, 2022, Judgment and Sentence be, and the same hereby is, affirmed.
[¶6] DATED this 8th day of September, 2022.
BY THE COURT:
/s/ KATE M. FOX
Chief Justice
KATE M. FOX Chief Justice