Sutton v. State

Wyoming Supreme Court

Sutton v. State

2009 WY 60, 206 P.3d 372, 2009 Wyo. LEXIS 58, 2009 WL 1163447

CourtWyoming Supreme Court

DecidedMay 1, 2009

DocketS-08-0249

StatusPublished

This text of 2009 WY 60 (Sutton v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sutton v. State, 2009 WY 60, 206 P.3d 372, 2009 Wyo. LEXIS 58, 2009 WL 1163447 (Wyo. 2009).

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Opinion

ORDER AFFIRMING THE JUDGMENT AND SentENce or tks District CoURT

[T1] This matter came before the Court upon its own motion following notification that appellant has failed to file a pro se brief within the time allotted by this Court. On February 26, 2009, 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). Following a careful review of the record and both the initial and amended "Anders briefs" submitted by counsel, this Court entered its "Order Granting Permission for Court Appointed Counsel to Withdraw," on March 10, 2009. That Order provided that the District Court's August 29, 2008, "Judgment and Sentence" would be affirmed unless, on or before April 27, 2009, the appellanf, filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. Taking notice that the appellant, Larry Dean Sutton, has failed to file a brief or other pleading within the time allotted, the Court finds that the district court's "Judgment and Sentence" should be affirmed. It is, therefore,

[¶2] ORDERED that the District Court's August 29, 2008, "Judgment and Sentence" be, and the same hereby is, affirmed. DATED this 1st day of May, 2009.

BY THE COURT:

/s/ Barton R. Voigt BARTON R. VOIGT Chief Justice

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ORDER AFFIRMING THE JUDGMENT AND SentENce or tks District CoURT

[T1] This matter came before the Court upon its own motion following notification that appellant has failed to file a pro se brief within the time allotted by this Court. On February 26, 2009, 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). Following a careful review of the record and both the initial and amended "Anders briefs" submitted by counsel, this Court entered its "Order Granting Permission for Court Appointed Counsel to Withdraw," on March 10, 2009. That Order provided that the District Court's August 29, 2008, "Judgment and Sentence" would be affirmed unless, on or before April 27, 2009, the appellanf, filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. Taking notice that the appellant, Larry Dean Sutton, has failed to file a brief or other pleading within the time allotted, the Court finds that the district court's "Judgment and Sentence" should be affirmed. It is, therefore,

[¶2] ORDERED that the District Court's August 29, 2008, "Judgment and Sentence" be, and the same hereby is, affirmed. DATED this 1st day of May, 2009.

BY THE COURT:

/s/ Barton R. Voigt BARTON R. VOIGT Chief Justice

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Bluebook (online)

2009 WY 60, 206 P.3d 372, 2009 Wyo. LEXIS 58, 2009 WL 1163447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-state-wyo-2009.

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