DOWNUM v. STATE (2026)

Order Affirming the District Court’s Judgment and Sentence

[¶1] This matter came before the Court upon its own motion following notification that Appellant has not filed a pro se brief in the time allotted. Pursuant to a plea agreement, Appellant entered an unconditional no contest plea to aggravated assault and battery in violation of Wyo. Stat. Ann. § 6-2-502(a)(i). The district court imposed a sentence of six to eight years of incarceration. Appellant filed this appeal to challenge the district court's March 12, 2026, Judgment and Sentence.

[¶2] On July 9, 2026, Appellant's court-appointed appellate counsel filed a Motion to Withdraw as Counsel, pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 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 ordered that Appellant was permitted to 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 did not file a pro se brief or other pleading in the time allotted. However, Appellant did file Appellant's Petition for Leave to File Pro See [sic] Brief Under (Wyo.R.Civ.P.15) on September 3, 2026.

[¶3] Now, following a careful review of the Anders brief submitted by appellate counsel, Appellant's petition, and the record, 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 Robert Wayne Downum, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶5] ORDERED that Appellant's Petition for Leave to File Pro See [sic] Brief Under (Wyo.R.Civ.P.15), filed herein September 3, 2026, be, and the same hereby is, denied.

[¶6] ORDERED that the Sweetwater County District Court's March 12, 2026, Judgment and Sentence be, and the same hereby is, affirmed.

[¶7] DATED this 23rd day of September, 2026.

BY THE COURT:

/s/ LYNNE BOOMGAARDEN

Chief Justice