Gabriel Menuey v. The State of Wyoming

2024 WY 122, 558 P.3d 960

• Court: Wyoming Supreme Court
• Decided: November 21, 2024
• Docket: S-24-0131
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2024 WY 122

October Term, A.D. 2024

November 21, 2024

GABRIEL MENUEY,

Appellant (Defendant),

v. S-24-0131

THE STATE OF WYOMING,

Appellee (Plaintiff).

ORDER AFFIRMING THE DISTRICT COURT’S SENTENCE AND PROBATION ORDER AND RESTITUTION ORDER [¶1] This matter came before the Court upon a Motion to Withdraw as Counsel, e-filed herein September 24, 2024, by court-appointed counsel, pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). This Court entered an Order Granting Motion for Extension of Time to File Pro Se Brief, and ordered that 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 timely filed his pro se brief November 12, 2024.

[¶2] Now, following a careful review of Appellant’s pro se brief, the Anders brief submitted by appellate counsel, and the record, this Court finds that appellate counsel’s motion to withdraw should be granted and the district court’s Sentence and Probation Order, and Restitution Order, should be affirmed. It is, therefore,

[¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel for Appellant Gabriel Menuey, is hereby permitted to withdraw as counsel of record for Appellant; and it is further [¶5] ORDERED that the Park County District Court’s March 1, 2024, Sentence and Probation Order, and its March 7, 2024, Restitution Order, be, and the same hereby are, affirmed.

[¶6] DATED this 21st day of November, 2024.

BY THE COURT:

/s/

KATE M. FOX Chief Justice