Robert Logan Noble v. The State of Wyoming

2022 WY 78, 511 P.3d 491

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2022 WY 78

April Term, A.D. 2022

June 22, 2022

ROBERT LOGAN NOBLE,

Appellant (Defendant),

v. S-22-0048

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 no contest plea to felony property destruction. Wyo. Stat. Ann. § 6-3-201(a) & (b)(iii). The district court imposed a five to nine-year sentence. Appellant filed this appeal to challenge the district court’s January 18, 2022, Judgment and Sentence.

[¶2] On April 18, 2022, Appellant’s court-appointed appellate counsel e-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 June 2, 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. 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 Robert Logan Noble, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶5] ORDERED that the Laramie County District Court’s January 18, 2022, Judgment and Sentence be, and the same hereby is, affirmed.

[¶6] DATED this 22nd day of June, 2022.

BY THE COURT:

/s/

KATE M. FOX Chief Justice