Wright v. State

• Decision Date: 24 November 2021
• Docket Number: S-21-0162
• Citation: 498 P.3d 588 (Mem)
• Parties: Jermain Lashawn WRIGHT, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

498 P.3d 588 (Mem)

Jermain Lashawn WRIGHT, Appellant (Defendant),

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

S-21-0162

Supreme Court of Wyoming.

November 24, 2021

ORDER AFFIRMING THE DISTRICT COURT'S JUDGMENT AND SENTENCE

KATE M. FOX, Chief Justice

[¶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. Pursuant to a plea agreement, Appellant entered an unconditional "no contest" plea to strangulation of a household member. Wyo. Stat. Ann. § 6-2-509(a)(i). The district court imposed a three to four-year sentence, which was suspended in favor of three years of probation. Appellant filed this appeal to challenge the district court's May 5, 2021 Judgment and Sentence.

[¶2] On September 24, 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. This Court notes 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 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 Jermain Lashawn Wright, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

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

[¶6] DATED this 24th day of November, 2021.

BY THE COURT:

/s/ KATE M. FOX

Chief Justice