Christopher Lane Carson v. The State of Wyoming

2021 WY 91, 492 P.3d 292

• Court: Wyoming Supreme Court
• Decided: August 11, 2021
• Docket: S-21-0091
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2021 WY 91

April Term, A.D. 2021

August 11, 2021

CHRISTOPHER LANE CARSON,

Appellant (Defendant),

v. S-21-0091

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 an unconditional “no contest” plea to felony driving while under the influence, a fourth or subsequent offense in ten years. Wyo. Stat. Ann. § 31-5-233. The district court imposed a three to five-year sentence. Appellant filed this appeal to challenge the district court’s February 4, 2021, Sentencing Order.

[¶2] On June 8, 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 July 23, 2021, 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 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, Christopher Lane Carson, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶5] ORDERED that the Carbon County District Court’s February 4, 2021 Sentencing Order be, and the same hereby is, affirmed.

[¶6] DATED this 11th day of August, 2021.

BY THE COURT:

/s/

KATE M. FOX Chief Justice