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 an unconditional guilty plea to one count of possession of marijuana, a third or subsequent offense felony. Wyo. Stat. Ann. § 35-7-1031(c)(i)(A). The district court imposed a sentence of one to three years. Appellant filed this appeal to challenge the district courts November 30, 2022, Sentence.
[¶2] On March 9, 2023, 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 April 24, 2023, 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 Sentence should be affirmed. It is, therefore,
[¶4] ORDERED that the caption in this appeal has been amended to be consistent with the district courts caption regarding Appellants middle name; and it is further
[¶5] ORDERED that the Wyoming Public Defenders Office, court-appointed counsel for Appellant David A. Garrison, is hereby permitted to withdraw as counsel of record for Appellant; and it is further
[¶6] ORDERED that the Crook County District Courts November 30, 2022, Sentence be, and the same hereby is, affirmed.
[¶7] DATED this 10th day of May, 2023.
BY THE COURT:
/s/ KATE M. FOX
Chief Justice