Eric S. Terrell v. The State of Wyoming

2025 WY 1, 561 P.3d 772

• Court: Wyoming Supreme Court
• Decided: January 2, 2025
• Docket: S-24-0192
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2025 WY 1

October Term, A.D. 2024

January 2, 2025

ERIC S. TERRELL,

Appellant (Defendant),

v. S-24-0192

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 in the time allotted. Pursuant to a plea agreement, Appellant entered an unconditional guilty plea to one felony count of theft. Wyo. Stat. Ann. § 6-3-402. The district court imposed a 460-day to 521-day sentence. Appellant took this appeal to challenge the district court’s May 13, 2024, Judgment and Sentence, as amended September 19, 2024.

[¶2] On November 7, 2024, 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 December 27, 2024, Appellant was permitted to file with this Court a pro se brief specifying the issues he would like 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 should be affirmed. It is, therefore,

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

[¶5] ORDERED the Uinta County District Court’s May 13, 2024, Judgment and Sentence, as amended September 19, 2024, be, and the same hereby is, affirmed.

[¶6] DATED this 2nd day of January, 2025.

BY THE COURT:

/s/

KATE M. FOX Chief Justice