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Dennis Jay GROSS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff)

Supreme Court of Wyoming2012-06-27No. No. S-11-0296
278 P.3d 11652012 WY 93

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Opinion

majority opinion

MARILYN S. KITE, Chief Justice.

[11] 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 a no contest plea to driving under the influence of alcohol, a fourth offense felony under Wyo. Stat. Aun. § 31-5-288(e). This is Appellants direct appeal from the resulting conviction. On March 27, 2012, 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). Following a careful review of the record and the Anders brief submitted by counsel, this Court, on April 24, 2012, entered its Order Granting Permission for Court Appointed Counsel to Withdraw. That Order notified Appellant that the District Courts October 7, 2011 Judgment and Sentence would be affirmed unless, on or before June 11, 2012, Appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. Taking note that Appellant, Dennis Jay Gross, has not filed a brief or other pleading within the time allotted, the Court finds that the district courts Judgment and Sentence should be affirmed. It is, therefore,

[T2] ORDERED that the District Courts October 7, 2011, Judgment and Sentence be, and the same hereby is, affirmed.

[13] DATED this 27th day of June, 2012.

BY THE COURT:

/s/ MARILYN S. KITE Chief Justice