Peterson v. State

• Decision Date: 12 January 2022
• Docket Number: S-21-0198
• Citation: 501 P.3d 632 (Mem)
• Parties: Martin James PETERSON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

501 P.3d 632 (Mem)

Martin James PETERSON, Appellant (Defendant),

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

S-21-0198

Supreme Court of Wyoming.

January 12, 2022

ORDER AFFIRMING THE DISTRICT COURT'S JUDGMENT AND SENTENCE

[¶1] This matter came before the Court upon its own motion following the filing of the Pro Se Brief of Appellant. Pursuant to a plea agreement, Appellant entered an unconditional guilty plea to one count of failure to register as a sex offender, a subsequent offense. Wyo. Stat. Ann. § 7-19-302 ; § 7-19-307(d). The district court imposed a six to eight-year sentence. Appellant filed this appeal to challenge the district court's April 16, 2021 Judgment and Sentence.

[¶2] On November 29, 2021, 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 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 filed his Pro Se Brief of Appellant December 16, 2021.

[¶3] Now, following a careful review of the 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 Martin James Peterson, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶5] ORDERED that the Sweetwater County District Court's April 16, 2021 Judgment and Sentence be, and the same hereby is, affirmed.

[¶6] DATED this 12^th day of January, 2022.

BY THE COURT:

/s/ KATE M. FOX

Chief Justice