Logan Macdonald-Kleinsasser v. The State of Wyoming ( 2023 )

IN THE SUPREME COURT, STATE OF WYOMING
2023 WY 24October Term, A.D. 2022
March 15, 2023
LOGAN
MACDONALD-KLEINSASSER,
Appellant
(Defendant),
S-22-0288
v.
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 sexual exploitation of a
child. Wyo. Stat. Ann. § 6-4-303(b)(ii). The district court imposed a sentence of seven to
twelve years. Appellant filed this appeal to challenge the district court’s October 18, 2022,
Sentence.
[¶2] On January 20, 2023, 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). 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 March 6, 2023. 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 Sentence should be affirmed. It is, therefore,
[¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant Logan MacDonald-Kleinsasser, is hereby permitted to withdraw as counsel
of record for Appellant; and it is further
[¶5] ORDERED that the Campbell County District Court’s October 18, 2022, Sentence,
be, and the same hereby is, affirmed.
[¶6] DATED this 15th day of March, 2023.
BY THE COURT:
/s/
KATE M. FOX
Chief Justice