Jamie Cody Sheeks v. The State of Wyoming

2022 WY 52, 507 P.3d 923

• Court: Wyoming Supreme Court
• Decided: April 20, 2022
• Docket: S-22-0003
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2022 WY 52

April Term, A.D. 2022

April 20, 2022

JAMIE CODY SHEEKS,

Appellant (Defendant),

v. S-22-0003

THE STATE OF WYOMING,

Appellee (Plaintiff).

ORDER AFFIRMING THE DISTRICT COURT’S ORDER REVOKING PROBATION AND IMPOSING UNDERLYING 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. Appellant took this appeal to challenge the district court’s August 2, 2021, Order Revoking Probation and Imposing Underlying Sentence. Appellant admitted he violated his probation. The district court revoked probation and imposed a sentence of 2 to 4 years on Appellant’s conviction for wrongful taking or disposing of property. Wyo. Stat. Ann. § 6-3-403(a)(i) (LexisNexis 2019).

[¶ 2] On February 17, 2022, 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 April 8, 2022, 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 that appellate counsel’s motion to withdraw should be granted and the district court’s Order Revoking Probation and Imposing Underlying Sentence should be affirmed. It is, therefore,

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

[¶ 5] ORDERED that the Carbon County District Court’s August 2, 2021, Order Revoking Probation and Imposing Underlying Sentence, be, and the same hereby is, affirmed.

[¶ 6] DATED this 20th day of April, 2022.

BY THE COURT:

/s/

KATE M. FOX Chief Justice