Arlis Jacob Draves, Jr. v. The State of Wyoming

2020 WY 138, 474 P.3d 1150

• Court: Wyoming Supreme Court
• Decided: November 6, 2020
• Docket: S-20-0141
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2020 WY 138

October Term, A.D. 2020

November 6, 2020

ARLIS JACOB DRAVES, JR.,

Appellant (Defendant),

v. S-20-0141

THE STATE OF WYOMING,

Appellee (Plaintiff).

ORDER AFFIRMING THE DISTRICT COURT’S JUDGMENT & 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. Pursuant to a plea agreement, Appellant entered unconditional guilty pleas to (1) strangulation of a household member and (2) misdemeanor domestic battery. Wyo.Stat.Ann. § 6-2-509(a)(i); Wyo.Stat.Ann. § 6-2-511. On the felony, the district court imposed a four to eight-year sentence, which was suspended in favor of a split sentence that includes three years of probation. Appellant filed this appeal to challenge the district court’s May 4, 2020, “Judgment & Sentence.”

[¶ 2] On August 19, 2020, 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 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 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 & Sentence” should be affirmed. It is, therefore,

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

[¶ 5] ORDERED that the Goshen County District Court’s May 4, 2020, “Judgment & Sentence” be, and the same hereby is, affirmed.

[¶ 6] DATED this 4th day of November, 2020.

BY THE COURT:

/s/

MICHAEL K. DAVIS Chief Justice