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Montenegro-Noyola v. State

Supreme Court of Wyoming

December 17, 2014

JESUS MONTENEGRO-NOYOLA, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

OPINION

E. JAMES BURKE, Chief Justice.

Order Affirming the District Court's " 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 (1) an unconditional guilty plea to one count of felony possession of cocaine and (2) an unconditional " no contest" plea to one count of felony interference with a peace officer. Wyo. Stat. Ann. § 35-7-1031(c)(ii) and § 6-5-204(b). This is Appellant's direct appeal from the resulting convictions. On September 30, 2014, 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 the " Anders brief" submitted by counsel, this Court, on October 21, 2014, entered its " Order Granting Permission for Court-Appointed Counsel to Withdraw." That Order notified Appellant the District Court's June 3, 2014, " Sentence" would be affirmed unless, on or before December 8, 2014, Appellant filed a brief that persuaded this Court the captioned appeal is not wholly frivolous. Now, taking note that Appellant, Jesus Montenegro-Noyola, has not filed a brief or other pleading within the time allotted, the Court finds that the district court's " Sentence" should be affirmed, with the following correction. Although Appellant was given an adequate firearms advisement (as required by Wyo. Stat. Ann. § 7-11-507(a)), neither the district court's " Judgment Upon Plea of Guilty" nor its " Sentence" includes a reference to the firearms advisement, contrary to W.R.Cr.P. 32(b)(1)(E) and Starrett v. State, 2012 WY 133, ¶ ¶ 11-12, 19, 286 P.3d 1033, 1037-38, 1040 (Wyo. 2012). It is, therefore,

[¶2] ORDERED that the district court's June 3, 2014, " Sentence" be, and the same hereby is, affirmed, subject to this correction: the district court shall enter an amended " Sentence," which shall include the firearms advisement required by Wyo. Stat. Ann. § ...


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