Blagg v. State

2010 WY 141, 241 P.3d 502, 2010 Wyo. LEXIS 149, 2010 WL 4230810

• Court: Wyoming Supreme Court
• Decided: October 27, 2010
• Docket: S-10-0137
• Status: Published

Opinion

OrogEr Arrirminc tas SENTENcE or tgs District Court

[¶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. A Campbell County jury found appellant guilty of sexual exploitation of a child-for possessing child pornography. Wyo. Stat. Ann. § 6-4-308(b)(iv) & (d). On August 9, 2010, appellant's court-appointed appellate counsel filed a "Motion to Withdraw as Counsel," pursuant to Anders v. Califormia, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). Following a careful review of the record and the "Anders briefs" submitted by counsel, this Court entered, on August 31, 2010, its "Order Granting Permission for Court Appointed Counsel to Withdraw." That Order provided that the District Court's April 20, 2010 "Sentence" would be affirmed unless, on or before October 18, 2010, appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. Taking note that appellant, Richard Lee Blagg, has not filed a brief or other pleading within the time allotted, the Court finds that the district court's "Sentence" should be affirmed. It is, therefore,

[T2] ORDERED that the District Court's April 20, 2010 "Sentence" be, and the same hereby is, affirmed.

[¶3] DATED this 27th day of October, 2010.

BY THE COURT:

/s/ Marilyn S. Kite MARILYN S. KITE Chief Justice.