SANTIAGO v. STATE (2021)

Order Affirming Probation Revocation and Convictions

[¶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 filed this appeal to challenge the district court's June 8, 2021 Order Revoking Deferred Entry of Judgment in Case DC-7518, Disposition on Probation Revocation in Case DC-7518, and Sentence in Case DC-9117. In docket DC-7518, after Appellant admitted he violated his Wyo. Stat. Ann. § 7-13-301 probation, the district court revoked probation and imposed a two to four-year sentence on a conviction for child abuse. Wyo. Stat. Ann. § 6-2-503. In docket DC-9117, Appellant entered unconditional guilty pleas to strangulation of a household member and to misdemeanor domestic battery. Wyo. Stat. Ann. § 6-2-509; § 6-2-511. On the felony, the district court imposed a four to six-year sentence, to be served consecutively to the child abuse sentence.

[¶2] On October 14, 2021, 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, which provided that Appellant “may file with this Court a pro se brief which specifies the issues for 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 November 29, 2021. 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 Revoking Deferred Entry of Judgment in Case DC-7518, Disposition on Probation Revocation in Case DC-7518, and Sentence in Case DC-9117 should be affirmed. It is, therefore,

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

[¶5] ORDERED that the Campbell County District Court's June 8, 2021 Order Revoking Deferred Entry of Judgment in Case DC-7518, Disposition on Probation Revocation in Case DC-7518, and Sentence in Case DC-9117 be, and the same hereby is, affirmed.

[¶6] DATED this 22nd day of December, 2021.

BY THE COURT:

/s/ KATE M. FOX

Chief Justice