Charles Dean McDowell v. The State of Wyoming

2022 WY 102, 515 P.3d 621

• Court: Wyoming Supreme Court
• Decided: August 24, 2022
• Docket: S-22-0097
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2022 WY 102

April Term, A.D. 2022

August 24, 2022

CHARLES DEAN McDOWELL,

Appellant (Defendant),

v. S-22-0097

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. Pursuant to a plea agreement, Appellant entered an unconditional guilty plea to one count of possession of methamphetamine with intent to deliver. Wyo. Stat. Ann. § 35-7-1031(a)(i). The district court imposed a sentence of forty-two to fifty-four months. Appellant filed this appeal to challenge the district court’s March 15, 2022, Judgment and Sentence.

[¶2] On June 23, 2022, Appellant’s court-appointed appellate counsel e-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 August 8, 2022, Appellant was permitted to “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 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.

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

[¶5] ORDERED the Natrona County District Court’s March 15, 2022, Judgment and Sentence be, and the same hereby is, affirmed.

[¶6] DATED this 24th day of August, 2022.

BY THE COURT:

/s/

KATE M. FOX Chief Justice