Jeffrey Brian Martinez v. The State of Wyoming

2022 WY 63, 509 P.3d 952

• Court: Wyoming Supreme Court
• Decided: May 25, 2022
• Docket: S-22-0037
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2022 WY 63

April Term, A.D. 2022

May 25, 2022

JEFFREY BRIAN MARTINEZ,

Appellant (Defendant),

v. S-22-0037

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 after Appellant filed a pro se brief. Appellant entered an unconditional guilty plea to unlawful use of a credit card. Wyo. Stat. Ann. § 6-3-802(a)(i). The district court imposed a sentence of three to five years. Appellant filed this appeal to challenge the district court’s November 19, 2021, Judgment and Sentence.

[¶ 2] On April 4, 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 permitted Appellant to file a pro se brief specifying the issues for 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 filed his Opening [Pro Se Brief] for Appellate Review May 16, 2022.

[¶ 3] Now, following a careful review of that 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. [¶ 4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel for Appellant Jeffrey Brian Martinez, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the Sweetwater County District Court’s November 19, 2021, Judgment and Sentence be, and the same hereby is, affirmed.

[¶ 6] DATED this 25th day of May, 2022.

BY THE COURT:

/s/

KATE M. FOX Chief Justice