TAYLOR v. STATE (2023)

Order Affirming the District Court's Order Suspending Proceedings Pursuant to Wyoming Statute § 7-13-301

[¶1] This matter came before the Court upon its own motion following notification that Appellant has not filed a pro se brief in the time allotted. Pursuant to a plea agreement, Appellant entered an unconditional guilty plea to one count of felony stalking. Wyo. Stat. Ann. § 6-2-506(b) and (e)(iv). The district court suspended proceedings pursuant to Wyo. Stat. Ann. § 7-13-301, while imposing three years of supervised probation. Appellant filed this appeal to challenge the district court's February 14, 2023, Order Suspending Proceedings Pursuant to Wyoming Statute § 7-13-30[1].

[¶2] On August 7, 2023, Appellant's 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 September 21, 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 counsel's 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 that appellate counsel's motion to withdraw should be granted and the district court's Order Suspending Proceedings Pursuant to Wyoming Statute § 7-13-301 should be affirmed. It is, therefore,

[¶4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant Michael Louis Taylor, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶5] ORDERED that the Sweetwater County District Court's February 14, 2023, Order Suspending Proceedings Pursuant to Wyoming Statute § 7-13-301 be, and the same hereby is, affirmed.

[¶6] DATED this 4th day of October, 2023.

BY THE COURT:

/s/ KATE M. FOX

Chief Justice