KECK v. STATE (2019)

Order Affirming Order of Dismissal

[¶1] 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. Appellant took this appeal to challenge the district court's May 14, 2018, “Order of Dismissal,” which dismissed, without prejudice, charges of aggravated burglary, receiving stolen property, and disposing of stolen property. Wyo.Stat.Ann. § 6-3-301(c)(i); § 6-3-403(a)(i).

[¶2] On January 2, 2019, 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). The next day, this Court entered an “Order Granting Motion for Extension of Time to File Pro Se Brief.” This Court ordered that, on or before February 19, 2019, Appellant “may 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 of Dismissal” should be affirmed. It is, therefore,

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

[¶5] ORDERED that the district court's May 14, 2018, “Order of Dismissal” be, and the same hereby is, affirmed.

[¶6] DATED this 6th day of March, 2019.

BY THE COURT:

/s/ MICHAEL K. DAVIS

Chief Justice