Barrie v. State

• Decision Date: 10 November 2021
• Docket Number: S-21-0171
• Citation: 497 P.3d 933 (Mem)
• Parties: Abdulai BARRIE, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

497 P.3d 933 (Mem)

Abdulai BARRIE, Appellant (Defendant),

v.The STATE of Wyoming, Appellee (Plaintiff).

S-21-0171

Supreme Court of Wyoming.

November 10, 2021

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 within the time allotted by this Court. Appellant entered unconditional guilty pleas to three misdemeanors and one felony: possession of marijuana with intent to deliver. Wyo. Stat. Ann. § 35-7-1031(a)(ii). On the felony, the district court imposed a three to five-year sentence, which was suspended in favor of three years of probation. Appellant filed this appeal to challenge the district court's May 28, 2021 Judgment and Sentence.

[¶2] On September 8, 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. This Court ordered that, on or before October 25, 2021, 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. This Court notes that 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 Judgment and Sentence should be affirmed. It is, therefore,

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

[¶5] ORDERED that the district court's May 28, 2021 Judgment and Sentence be, and the same hereby is, affirmed.

[¶6] DATED this 10^th day of November, 2021.

BY THE COURT:

/s/ KATE M. FOX

Chief Justice