Ian Sean Woodis v. The State of Wyoming

2020 WY 62, 463 P.3d 166

• Court: Wyoming Supreme Court
• Decided: May 20, 2020
• Docket: S-20-0033
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2020 WY 62

April Term, A.D. 2020

May 20, 2020

IAN SEAN WOODIS,

Appellant (Defendant),

v. S-20-0033

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 count of sexual abuse of a minor in the first degree. Wyo. Stat. Ann. § 6-2-314(a)(i). The district court imposed a 14 to 18- year sentence. Appellant filed this appeal to challenge the district court’s January 7, 2020, “Judgment and Sentence.”

[¶ 2] On March 13, 2020, 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 ordered that Appellant may “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’s pro se brief was due for filing on or before May 4, 2020. 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 that 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 Ian Sean Woodis, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the Fremont County District Court’s January 7, 2020, “Judgment and Sentence” be, and the same hereby is, affirmed.

[¶ 6] DATED this 20th day of May, 2020.

BY THE COURT:

/s/

MICHAEL K. DAVIS Chief Justice