Albert M. Contreras v. The State of Wyoming

2021 WY 60, 485 P.3d 422

• Court: Wyoming Supreme Court
• Decided: May 5, 2021
• Docket: S-21-0007
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2021 WY 60

April Term, A.D. 2021

May 5, 2021

ALBERT M. CONTRERAS,

Appellant (Defendant),

v. S-21-0007

THE STATE OF WYOMING,

Appellee (Plaintiff).

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 charges: possession of methamphetamine with intent to deliver; possession of a firearm by a felon; and possession of cocaine, a misdemeanor. Wyo.Stat.Ann. § 35-7-1031(a)(i); § 6-8-102(a); § 35-7-1031(c)(i)(C). On the methamphetamine conviction, the district court imposed a four to eight-year sentence, with the other lesser sentences to run concurrently. Appellant filed this appeal to challenge the district court’s October 29, 2020, “Sentencing Order.”

[¶ 2] On March 4, 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 entered an “Order Granting Motion for Extension of Time to File Pro Se Brief.” This Court ordered that, on or before April 19, 2021, Appellant “may 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. 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 appellate counsel’s motion to withdraw should be granted and the district court’s “Sentencing Order” should be affirmed.

[¶ 4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel for Appellant Albert M. Contreras, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the district court’s October 29, 2020, “Sentencing Order” be, and the same hereby is, affirmed.

[¶ 6] DATED this 5th day of May, 2021.

BY THE COURT:

/s/

MICHAEL K. DAVIS Chief Justice