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Cook v. State

Supreme Court of Wyoming

March 25, 2015

GARETT ROBB COOK, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

OPINION

E. JAMES BURKE, Chief Justice.

Order Affirming the District Court's " Order of Revocation of Probation Pursuant to W.S. § 7-13-301 and 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 within the time allotted by this Court. Appellant filed this appeal to challenge the district court's September 5, 2014, " Order of Revocation of Probation Pursuant to W.S. § 7-13-301 and Judgment and Sentence."

Page 890

In that order, the district court revoked Appellant's probation following Appellant's admission to the alleged probation violations. The district court then imposed a prison sentence for Appellant's conviction for conspiracy to deliver a controlled substance.

[¶2] On January 28, 2015, 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). On February 5, 2015, this Court entered an " Order Granting Motion for Extension of Time to File Pro Se Brief or Other Pleading." This Court ordered that, on or before March 12, 2015, Appellant " may file with this Court a pro se brief or other pleading specifying the issues Appellant would like this 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." This Court notes that Appellant has not filed 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 " Order of Revocation of Probation Pursuant to W.S. § 7-13-301 and Judgment and Sentence" should be affirmed. It is, therefore,

[¶4] ORDERED that the Wyoming Public Defender's Office, court-appointed counsel for Appellant, Garett Robb Cook, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶5] ORDERED that the district court's September 5, 2014, " Order of Revocation of Probation Pursuant to W.S. § 7-13-301 and Judgment and Sentence" be, and the ...


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