Kevin Matthew Hunter v. The State of Wyoming

2022 WY 46, 507 P.3d 47

• Court: Wyoming Supreme Court
• Decided: April 6, 2022
• Docket: S-21-0280
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2022 WY 46

April Term, A.D. 2022

April 6, 2022

KEVIN MATTHEW HUNTER,

Appellant (Defendant),

v. S-21-0280

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 within the time allotted by this Court. Appellant entered an unconditional guilty plea to perjury. Wyo. Stat. Ann. § 6-5-301(a). The district court imposed a sentence of two to four years. Appellant filed this appeal to challenge the district court’s November 1, 2021, Judgment and Sentence.

[¶ 2] On January 24, 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 March 10, 2022, Appellant may file with this Court 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. This Court notes that 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 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 Kevin Matthew Hunter, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the Converse County District Court’s November 1, 2021, Judgment and Sentence be, and the same hereby is, affirmed.

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

BY THE COURT:

/s/

KATE M. FOX Chief Justice