CLIFTON DARRELL QUALLS v. THE STATE OF WYOMING (2024)

Order Affirming the District Court’s Judgment and Sentence

[¶ 1] This matter came before the Court upon its own motion following the filing of Appellant's pro se Petition Under (W.R.A.P. 14.05) and his Pro se Supplemental Brief Under (W.R.A.P. 14.05), which this Court has treated collectively as a pro se brief. Pursuant to a plea agreement, Appellant entered unconditional Alford guilty pleas to two felonies: third degree sexual assault and possession of a deadly weapon with unlawful intent. Wyo. Stat. Ann. § 6-2-304(a)(iii); § 6-8-103. For third degree sexual assault, the district court imposed a 7 to 10-year sentence, which the district court ordered be served concurrently with a 3 to 5-year sentence on the other offense. Appellant filed this appeal to challenge the district court's March 28, 2024, Judgment and Sentence.

[¶ 2] On July 3, 2024, Appellant's 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). This Court subsequently entered an Order Granting Motion for Extension of Time to File Pro Se Brief. This Court ordered that 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.

[¶ 3] Now, following a careful review of Appellant's pro se pleadings, 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 Judgment and Sentence should be affirmed. It is, therefore,

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

[¶ 5] ORDERED the pro se Petition for Court Appointed Attorney Under Rule (Wyo. Stat. Ann. 7-6-104(c)(ii)) be, and hereby is, denied, because Appellant was appointed counsel for this appeal but that counsel was allowed to withdraw pursuant to this Court's Anders briefing procedure; and it is further

[¶ 6] ORDERED that the Natrona County District Court's March 28, 2024, Judgment and Sentence be, and the same hereby is, affirmed.

[¶ 7] DATED this 28th day of August, 2024.

BY THE COURT:

KATE M. FOX Chief Justice