Edward Nathan Ware v. The State of Wyoming

2024 WY 1, 540 P.3d 891

• Court: Wyoming Supreme Court
• Decided: January 4, 2024
• Docket: S-23-0182
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2024 WY 1

October Term, A.D. 2023

January 4, 2024

EDWARD NATHAN WARE,

Appellant (Defendant),

v. S-23-0182

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 unconditional guilty pleas to two counts of sexual abuse of a minor in the first degree. Wyo. Stat. Ann. § 6-2-314(a)(iii). The district court imposed consecutive sentences of twenty-two to thirty years. Appellant filed this appeal to challenge the district court’s July 6, 2023, Judgment and Sentence.

[¶2] On September 28, 2023, 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 Appellant may file with this Court a pro se brief specifying 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 Judgment and Sentence should be affirmed.

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

[¶5] ORDERED that the Converse County District Court’s July 6, 2023, Judgment and Sentence be, and the same hereby is, affirmed.

[¶6] DATED this 4th day of January, 2024.

BY THE COURT:

/s/

KATE M. FOX Chief Justice