Kyle Xavier Wallentine v. The State of Wyoming

2026 WY 5

• Court: Wyoming Supreme Court
• Decided: January 7, 2026
• Docket: S-25-0217
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2026 WY 5

October Term, A.D. 2025

January 7, 2026

KYLE XAVIER WALLENTINE,

Appellant (Defendant),

v. S-25-0217

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 filed a pro se brief in the time allotted. Pursuant to a plea agreement, Appellant entered an unconditional no contest plea to eight counts of sexual abuse of a minor in the second degree. Wyo. Stat. Ann. § 6-2-315(a)(ii). For each count, the district court imposed a sentence of 8 to 15 years of incarceration. The court ordered each count to run consecutively. Appellant filed this appeal to challenge the district court’s September 2, 2025, Judgment and Sentence.

[¶2] On October 28, 2025, Appellant’s court-appointed appellate counsel filed a Motion to Withdraw as Counsel, pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 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 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 filed a pro se brief in the time allotted. [¶3] Now, following a careful review of the Anders brief submitted by appellate counsel, Appellant’s pro se brief, and the record, 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 Kyle Xavier Wallentine, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶5] ORDERED that the Uinta County District Court’s September 2, 2025, Judgment and Sentence be, and the same hereby is, affirmed.

[¶6] DATED this 7th day of January, 2026.

BY THE COURT:

/s/

LYNNE BOOMGAARDEN Chief Justice