LONG v. STATE (2021)

Order Affirming “Order Revoking Probation”

[¶ 1] This matter came before the Court following notification that Appellant has not file a pro se brief in the time allotted. Appellant filed this appeal to challenge the district court's September 21, 2020, “Order Revoking Probation.” The district court revoked probation and imposed a three to five-year sentence for strangulation of a household member. Wyo. Stat. Ann. § 6-2-509.

[¶ 2] On December 1, 2020, 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 permitted Appellant to file a “pro se brief specifying the issues he would like the Court to consider in this appeal.” Appellant has not filed 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 Revoking Probation” should be affirmed. It is, therefore,

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

[¶ 5] ORDERED that the Sheridan County District Court's September 21, 2020, “Order Revoking Probation” be, and the same hereby is, affirmed.

[¶ 6] DATED this 18th day of February, 2021.

BY THE COURT:

/s/ MICHAEL K. DAVIS

Chief Justice