LAW.coLAW.co

Gregory Dean MARTINEZ, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff)

Supreme Court of Wyoming2016-03-09No. No. S-15-0269
368 P.3d 9012016 WY 32

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Orpger Arpirminc tar Districr Courts JUDGMENT AND SentENc®

[T1] 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 one count of conspiracy to deliver a controlled substance, methamphetamine. Wyo. Stat, Ann. § 85-7-108l(@)G) and § 35-7-1042. The district court imposed a sentence of three to four years. Appellant filed this appeal to challenge the district courts November 4, 2015, Judgment and Sentence.

[12] On January 12, 2016, 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). On January 414, this Court entered an Order Granting Motion: for Extension of Time to File Pro Se Brief. This Court ordered that, on or. before -March 1, 2016, Appellant may file with this Court a pro se brief specifying the issues he would like this 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 has not filed a pro se brief or other pleading in the time allotted.

[183] Now, following a careful review of the record and the Anders brief submitted by appellate counsel, this Court finds that appellate - counsels motion to . withdraw should be granted and the district courts Judgment and Sentence should be affirmed. It is, therefore,

[T4] ORDERED that the Wyoming Public Defenders Office, court-appointed counsel for Appellant, Gregory Dean Martinez, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[15] ORDERED that the district courts November 4, 2015, Judgment and Sentence be, and the same hereby is, affirmed.

[T6] DATED this 9th day of March, 2016. -

BY THE COURT:

/s/ E.. JAMES BURKE Chief Justice