Russell George Mackie v. The State of Wyoming

2020 WY 144, 475 P.3d 1072

• Court: Wyoming Supreme Court
• Decided: November 25, 2020
• Docket: S-20-0179
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2020 WY 144

October Term, A.D. 2020

November 25, 2020

RUSSELL GEORGE MACKIE,

Appellant (Defendant),

v. S-20-0179

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. Pursuant to a plea agreement, Appellant entered unconditional guilty pleas to (1) strangulation of a household member and (2) misdemeanor domestic battery. Wyo.Stat.Ann. § 6-2-509(a)(i); Wyo.Stat.Ann. § 6-2-511. On the felony, the district court imposed a seven to ten-year sentence. Appellant filed this appeal to challenge the district court’s May 20, 2020, “Sentencing Order.”

[¶ 2] On September 25, 2020, 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 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. 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 “Sentencing Order” should be affirmed. It is, therefore,

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

[¶ 5] ORDERED that the Carbon County District Court’s May 20, 2020, “Sentencing Order” be, and the same hereby is, affirmed.

[¶ 6] DATED this 25th day of November, 2020.

BY THE COURT:

/s/

MICHAEL K. DAVIS Chief Justice