Jose D. Oliveres v. State

Wyoming Supreme Court

Jose D. Oliveres v. State

2016 WY 39, 371 P.3d 135, 2016 Wyo. LEXIS 41, 2016 WL 1247405

CourtWyoming Supreme Court

DecidedMarch 30, 2016

DocketS-15-0275

StatusPublished

This text of 2016 WY 39 (Jose D. Oliveres v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jose D. Oliveres v. State, 2016 WY 39, 371 P.3d 135, 2016 Wyo. LEXIS 41, 2016 WL 1247405 (Wyo. 2016).

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Opinion

Orper Arpirming tas District Court's JUDGMENT AND SENTENCE

[11] This matter came before the Court upon its own motion following notification that Appellant has not filed a pro se brief within the time allotted by this Court. 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)(iii). The district court imposed a sentence of 15 to 85 years, Appellant filed this appeal to challenge the district court's May 15, 2015, "Judgment Upon Plea of Guilty" and its September 14, 2015, "Sentence."

[12] On January 25, 2016, 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). On January 26, this Court entered an "Order Granting Motion for Extension of Time to File Pro Se Brief" This Court ordered that, on or before March 14, 2016, Appellant "may *136 file with this Court a pro se brief specifying the issues he would like this 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." This Court notes that Appellant has not filed a pro se brief or other pleading in the time allotted.

[13] 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 Upon Plea of Guilty" and "Sentence" should be affirmed. It is, therefore,

[T4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant, Jose D. Oliveres, is hereby permitted .to withdraw as counsel of record for Appellant; and it is further

[T5] ORDERED that the district court's May 15, 2015, "Judgment Upon Plea of Guilty" and its September 14, 2015, "Sentence" be, and the same hereby are, affirmed. ‘

[16] DATED this 30th day of March, 2016.

BY THE COURT:

/s/ E. JAMES BURKE Chief Justice

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Orper Arpirming tas District Court's JUDGMENT AND SENTENCE

[11] This matter came before the Court upon its own motion following notification that Appellant has not filed a pro se brief within the time allotted by this Court. 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)(iii). The district court imposed a sentence of 15 to 85 years, Appellant filed this appeal to challenge the district court's May 15, 2015, "Judgment Upon Plea of Guilty" and its September 14, 2015, "Sentence."

[12] On January 25, 2016, 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). On January 26, this Court entered an "Order Granting Motion for Extension of Time to File Pro Se Brief" This Court ordered that, on or before March 14, 2016, Appellant "may *136 file with this Court a pro se brief specifying the issues he would like this 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." This Court notes that Appellant has not filed a pro se brief or other pleading in the time allotted.

[13] 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 Upon Plea of Guilty" and "Sentence" should be affirmed. It is, therefore,

[T4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant, Jose D. Oliveres, is hereby permitted .to withdraw as counsel of record for Appellant; and it is further

[T5] ORDERED that the district court's May 15, 2015, "Judgment Upon Plea of Guilty" and its September 14, 2015, "Sentence" be, and the same hereby are, affirmed. ‘

[16] DATED this 30th day of March, 2016.

BY THE COURT:

/s/ E. JAMES BURKE Chief Justice

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Bluebook (online)

2016 WY 39, 371 P.3d 135, 2016 Wyo. LEXIS 41, 2016 WL 1247405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jose-d-oliveres-v-state-wyo-2016.

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