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. Appellant entered unconditional guilty pleas to driving under suspension and to felony driving while under the influence, a fourth or subsequent offense in ten years. Wyo.Stat.Ann. § 31-5-233. On the felony, the district court imposed a sentence of 30 to 60 months. Appellant filed this appeal to challenge the district courts September 16, 2021, Judgment and Sentence.
[¶ 2] On December 23, 2021, Appellants 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). This Court subsequently entered an Order Granting Motion for Extension of Time to File Pro Se Brief. This Court ordered that, on or before February 10, 2022, Appellant “may file with this Court a pro se brief which specifies the issues for 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. This Court notes that 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 Leroy Gonzales, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶ 5] ORDERED that the Converse County District Courts September 16, 2021, Judgment and Sentence be, and the same hereby is, affirmed.
[¶ 6] DATED this 23rd day of February, 2022.
BY THE COURT:
/s/ KATE M. FOX
Chief Justice