Gerold Allan Cox v. The State of Wyoming

2024 WY 88

• Court: Wyoming Supreme Court
• Decided: August 21, 2024
• Docket: S-24-0118
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2024 WY 88

April Term, A.D. 2024

August 21, 2024

GEROLD ALLAN COX,

Appellant (Defendant),

v. S-24-0118

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 the filing of Appellant’s pro se brief, which he styled as a Pro se Response to Brief Re: Anders v. California, 386 U.S. 738 (1967). Appellant entered unconditional “no contest” pleas to two offenses: felony interference with a peace officer and misdemeanor interference with a peace officer. Wyo. Stat. Ann. § 6-5-204. On the felony, the district court imposed a sentence of three to six years. Appellant filed this appeal to challenge the district court’s February 13, 2024, Judgment and Sentence.

[¶ 2] On June 20, 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 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.

[¶ 3] Now, following a careful review of Appellant’s pro se brief, 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. It is, therefore,

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

[¶ 5] ORDERED that the Sweetwater County District Court’s February 13, 2024, Judgment and Sentence be, and the same hereby is, affirmed.

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

BY THE COURT:

/s/

KATE M. FOX Chief Justice