SMITH v. STATE (2020)

Order Affirming the District Court's Judgment and Sentence

[¶ 1] This matter came before the Court upon its own motion following filing of Appellant's pro se brief. Pursuant to a plea agreement, Appellant entered unconditional guilty pleas to three felonies: first degree sexual assault, abuse of a vulnerable adult, and sexual abuse of a minor in the second degree. Wyo. Stat. Ann. § 6-2-302(a)(iv); § 6-2-507(a); § 6-2-315(a)(i). For first degree sexual assault, the district court imposed a 40 to 50-year sentence, which the district court ordered be served concurrently with an 18 to 20-year sentence for sexual abuse of a minor in the second degree. Further, the district court imposed an 8 to 10-year sentence for abuse of a vulnerable adult and ordered that sentence be served consecutively to the other two sentences. Appellant filed this appeal to challenge the district court's January 6, 2020, “Judgment and Sentence.”

[¶ 2] On April 23, 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. After extensions of time, Appellant filed his pro se brief on September 17, 2020.

[¶ 3] Now, following a careful review of that pro se brief, 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 Trae Derik Smith, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the Natrona County District Court's January 6, 2020, “Judgment and Sentence” be, and the same hereby is, affirmed.

[¶ 6] DATED this 30th day of September, 2020.

BY THE COURT:

/s/ MICHAEL K. DAVIS

Chief Justice