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Silva v. State

Supreme Court of Wyoming

December 3, 2014

LAWRENCE FLOYD SILVA, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Sweetwater County. The Honorable Richard L. Lavery, Judge.

Representing Appellant: Pro se.

Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

OPINION

Page 935

BURKE, Chief Justice.

[¶1] Appellant, Lawrence Silva, was convicted of aggravated burglary and attempted kidnapping, and sentenced to serve two concurrent terms of twelve to fifteen years in prison. He appealed, and we affirmed. Silva v. State, 2012 WY 37, ¶ 31, 271 P.3d 443, 453 (Wyo. 2012) (" Silva I " ). Mr. Silva subsequently filed a motion to reduce his sentence. The district court denied the motion. Mr. Silva has appealed that decision. We will affirm.

ISSUES

[¶2] Although Mr. Silva's pro se brief does not include a statement of the issues, we discern them to be as follows:

1. Was he denied effective assistance of counsel, both at trial and on appeal?
2. Did the prosecution possess exculpatory evidence that it did not turn over to him, in violation of his constitutional rights recognized in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963)?

The State articulates a different issue, which we paraphrase:

1. Should the district court's order be summarily affirmed because Mr. Silva's brief does not comply with many of the ...

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