Toni Lynn Oleson v. The State of Wyoming

2021 WY 34, 480 P.3d 1183

• Court: Wyoming Supreme Court
• Decided: February 24, 2021
• Docket: S-20-0209
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2021 WY 34

October Term, A.D. 2020

February 24, 2021

TONI LYNN OLESON,

Appellant (Defendant),

v. S-20-0209

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 possession of methamphetamine, a third offense felony. Wyo. Stat. Ann. § 35-7-1031(c). The district court imposed a sentence of 18 to 24 months, suspended in favor of two years of probation. Appellant filed this appeal to challenge the district court’s August 14, 2020, “Judgment and Sentence.”

[¶ 2] On December 29, 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. Appellant’s pro se brief was due for filing on or before February 16, 2021. 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 Toni Lynn Oleson, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶ 5] ORDERED that the Sheridan County District Court’s August 14, 2020, “Judgment and Sentence” be, and the same hereby is, affirmed.

[¶ 6] DATED this 24th day of February, 2021.

BY THE COURT:

/s/

MICHAEL K. DAVIS Chief Justice