Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Montoya v. State

Supreme Court of Wyoming

September 24, 2014

DIANA MONTOYA, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

OPINION

E. JAMES BURKE, Chief Justice.

Order Affirming the District Court's " Order Revoking Probation and Judgment And Sentence"

[¶1] This matter came before the Court upon " Appellant's Brief," filed pro se herein September 16, 2014. In 2011, Appellant entered an unconditional guilty plea to one count of possession of methamphetamine with intent to deliver. Wyo. Stat. Ann. § 35-7-1031(a)(i). In 2012, the district court imposed a four to six year sentence, which was suspended in favor of five years of supervised probation. In 2014, the district court revoked Appellant's probation and imposed the underlying sentence. The " Order Revoking Probation and Judgment and Sentence" was entered on February 27, 2014. Appellant filed this appeal to challenge that order.

[¶2] On July 23, 2014, 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). Following a careful review of the record and the " Anders brief" submitted by appellate counsel, this Court, on August 19, 2014, entered its " Order Granting Permission for Court-Appointed Counsel to Withdraw." That Order notified Appellant that the district court's February 27, 2014, " Order Revoking Probation and Judgment and Sentence" would be affirmed unless, on or before October 6, 2014, Appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous.

[¶3] Now, after a careful review of Appellant's Brief, the Court finds that the district court's " Order Revoking Probation and Judgment and Sentence" should be affirmed. This Court finds that Appellant has not provided

Page 1240

any precedent or cogent argument to establish that this appeal has merit. Instead, Appellant, to great extent, discusses matters related to her underlying conviction and discusses other matters unrelated to the probation revocation at issue in this appeal. Further, to the extent Appellant suggests the evidence does not support the probation revocation, this Court concludes that the evidence supports the district court's probation revocation. It is, therefore,

[¶4] ORDERED that the district court's February 27, 2014, " Order Revoking Probation and Judgment and Sentence" be, and the same ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.