Demeitreus Torrez Drew v. State

Wyoming Supreme Court

Demeitreus Torrez Drew v. State

2017 WY 40, 392 P.3d 1196, 2017 WL 1398905, 2017 Wyo. LEXIS 40

CourtWyoming Supreme Court

DecidedApril 19, 2017

DocketS-16-0280

StatusPublished

This text of 2017 WY 40 (Demeitreus Torrez Drew v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Demeitreus Torrez Drew v. State, 2017 WY 40, 392 P.3d 1196, 2017 WL 1398905, 2017 Wyo. LEXIS 40 (Wyo. 2017).

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Opinion

Order Affirming Order Denying Motion To Correct Illegal 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 filed this appeal to challenge the district court’s September 22, 2016, “Order Denying Defendant’s Pro Se Motion for Correction of Illegal Sentence."

[¶2] On February 16, 2017, 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). The same day, this Court entered an “Order Granting Motion for Extension of Time to File Pro Se Brief.” This Court ordered that, on or before April 3, 2017, Appellant would be permitted to file a pro se brief specifying the issues he would like the Court to consider. 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 any 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 that appellate counsel’s motion to withdraw should be granted and the district court’s September 22, 2016, “Order Denying Defendant’s Pro Se Motion for Correction of Illegal Sentence” should be affirmed. It is, therefore,

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

[¶5] ORDERED that the district court’s September 22, 2016, “Order Denying Defendant’s Pro Se Motion for Correction of Illegal Sentence” be, and the same hereby is, affirmed.

[¶6] DATED this 19th of April, 2017.

BY THE COURT:

/s/ E. JAMES BURKE Chief Justice

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Order Affirming Order Denying Motion To Correct Illegal 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 filed this appeal to challenge the district court’s September 22, 2016, “Order Denying Defendant’s Pro Se Motion for Correction of Illegal Sentence."

[¶2] On February 16, 2017, 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). The same day, this Court entered an “Order Granting Motion for Extension of Time to File Pro Se Brief.” This Court ordered that, on or before April 3, 2017, Appellant would be permitted to file a pro se brief specifying the issues he would like the Court to consider. 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 any 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 that appellate counsel’s motion to withdraw should be granted and the district court’s September 22, 2016, “Order Denying Defendant’s Pro Se Motion for Correction of Illegal Sentence” should be affirmed. It is, therefore,

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

[¶5] ORDERED that the district court’s September 22, 2016, “Order Denying Defendant’s Pro Se Motion for Correction of Illegal Sentence” be, and the same hereby is, affirmed.

[¶6] DATED this 19th of April, 2017.

BY THE COURT:

/s/ E. JAMES BURKE Chief Justice

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Bluebook (online)

2017 WY 40, 392 P.3d 1196, 2017 WL 1398905, 2017 Wyo. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demeitreus-torrez-drew-v-state-wyo-2017.

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