Mark Shannon Wood v. The State of Wyoming

2022 WY 19, 502 P.3d 939

• Court: Wyoming Supreme Court
• Decided: February 2, 2022
• Docket: S-21-0233
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2022 WY 19

October Term, A.D. 2021

February 2, 2022

MARK SHANNON WOOD,

Appellant (Defendant),

v. S-21-0233

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 in the time allotted. Pursuant to a plea agreement, Appellant entered an unconditional guilty plea to one count of second-degree sexual assault. Wyo.Stat.Ann. § 6-2-303(a)(ii). The district court imposed a seven to twelve-year sentence. Appellant filed this appeal to challenge the district court’s August 27, 2021, Sentence.

[¶ 2] On December 6, 2021, 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 ordered that Appellant may “file with this Court a pro se brief which specifies 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’s pro se brief was due for filing on or before January 20, 2022. 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 judgment and sentence should be affirmed. It is, therefore,

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

[¶ 5] ORDERED that the Campbell County District Court’s August 27, 2021, Sentence be, and the same hereby is, affirmed.

[¶ 6] DATED this 2nd day of February, 2022.

BY THE COURT:

/s/

KATE M. FOX Chief Justice