BENNEFIELD v. STATE (2020)

Order Affirming the District Court's Judgment and Sentence

[¶ 1] Pursuant to an oral plea agreement, Appellant entered unconditional no contest pleas to one count of sexual exploitation of a child-possession of child pornography (Count 3) and one count of sexual exploitation of a child-manufacturing child pornography (Count 53) in violation of Wyo. Stat. Ann. § 6-4-303(b)(iv) & (d) and § 6-4-303(b)(iii) & (c), respectively. The district court sentenced him to 10 to 12 years imprisonment on Count 53 and a consecutive 5 to 6 years imprisonment on Count 3, with the latter sentence suspended in favor of 31/212 years of probation. Appellant filed this appeal to challenge the district court's January 16, 2020 “Judgment and Sentence.”

[¶ 2] On May 19, 2020, 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 ordered that 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's pro se brief was due for filing on or before August 5, 2020. Appellant filed a pro se brief on August 3, 2020.

[¶ 3] Following a careful review of the record, the “Anders brief” submitted by appellate counsel, and Appellant's pro se brief, 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 Rick Allen Bennefield, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the Laramie County District Court's January 16, 2020, “Judgment and Sentence” be, and the same hereby is, affirmed.

[¶ 6] DATED this 19th day of August, 2020.

BY THE COURT:

/s/ MICHAEL K. DAVIS

Chief Justice

MICHAEL K. DAVIS, Chief Justice