CARPENTER v. STATE (2021)

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 Motion for Appeal Due to Ineffective Counsel,” which was filed herein April 16, 2021. Pursuant to a plea agreement, Appellant entered an unconditional guilty plea to one count of sexual abuse of a minor in the first degree. Wyo. Stat. Ann. § 6-2-314(a)(iii). The district court imposed a 35 to 50-year sentence. Appellant filed this appeal to challenge the district court's September 8, 2020, “Judgment and Sentence.”

[¶ 2] On December 1, 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. On April 16, 2021, Appellant filed a pro se brief, which he styled as a “Pro-se Motion for Appeal Due to Ineffective Counsel.”

[¶ 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 Dodi Joseph Carpenter, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the Fremont County District Court's September 8, 2020, “Judgment and Sentence” be, and the same hereby is, affirmed.

[¶ 6] DATED this 28th day of April, 2021.

BY THE COURT:

/s/ MICHAEL K. DAVIS

Chief Justice