Roger J. Forsman v. The State of Wyoming

2022 WY 47, 507 P.3d 46

• Court: Wyoming Supreme Court
• Decided: April 6, 2022
• Docket: S-21-0289
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2022 WY 47

April Term, A.D. 2022

April 6, 2022

ROGER J. FORSMAN,

Appellant (Defendant),

v. S-21-0289

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 unconditional guilty pleas to five felony offenses: driving under the influence (serious bodily injury); aggravated assault and battery; theft; interference with a peace officer; and aggravated fleeing or attempting to elude. For felony DUI, the district court imposed a sentence of eight to ten years, with the lesser sentences on the other offenses to run concurrently. Appellant filed this appeal to challenge the district court’s November 22, 2021, Sentence.

[¶ 2] On February 1, 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 18, 2022, 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 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 Sentence should be affirmed. It is, therefore,

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

[¶ 5] ORDERED that the Campbell County District Court’s November 22, 2021, 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