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Michael Dale ISELI, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff)

Supreme Court of Wyoming2014-01-22No. No. S-13-0192
316 P.3d 11832014 WY 8

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Opinion

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OrpErR Arrirminc tus District Courts JUDGMENT AND SENTENCE.

[¶1] This matter came before the Court upon Brief/Motion to Appoint Counsel, filed pro se herein January 7, 2014. Pursuant to a plea agreement, Appellant pled no contest to three felonies: one count of kidnapping and two counts of first degree sexual assault. This is Appellants direct appeal from the resulting convictions. On October 30, 2013, 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 review of the record and the Anders brief submitted by appellate counsel, this Court, on November 26, 2018, entered its Order Granting Permission for Court Appointed Counsel to Withdraw. That Order notified Appellant that the district courts Judgment and Sentence would be affirmed unless Appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. Now, after a careful review of Appellants Brief, the Court finds that the district courts Judgment and Sentence" should be affirmed. This Court finds that Appellant has not provided any precedent or cogent argument to establish that this appeal has merit. Instead, Appellant, for the most part, repeats potential issues that were thoroughly discussed in appellate counsels Anders brief. Finally, this Court finds that Appellants motion to appoint counsel should be denied, inasmuch as Appellant was already provided appellate counsel, who was allowed to withdraw pursuant to this Courts Anders brief procedure. It is, therefore,

[¶12] ORDERED that Appellants Motion to Appoint Counsel, filed herein January 7, 2014, be, and the same hereby is, denied; and it is further

[¶13] ORDERED that the district courts June 28, 2013, Judgment and Sentence be, and the same hereby is, affirmed.

[T4] DATED this 22nd day of January, 2014.

BY THE COURT:

/s/ MARILYN S. KITE Chief Justice