Matthew Anthony Nartker v. The State of Wyoming ( 2022 )

IN THE SUPREME COURT, STATE OF WYOMING
2022 WY 34October Term, A.D. 2021
March 9, 2022
MATTHEW ANTHONY NARTKER,
Appellant
(Defendant),
v. S-21-0237
THE STATE OF WYOMING,
Appellee
(Plaintiff).
ORDER AFFIRMING ORDER DENYING MOTION FOR SENTENCE REDUCTION
[¶ 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 3, 2021, Order Denying Defendant’s
Motion for Sentence Reduction.
[¶ 2] On January 6, 2022, 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). This Court subsequently entered an Order Granting
Motion for Extension of Time to File Pro Se Brief. This Court ordered that, on or before
February 21, 2022, Appellant was permitted to 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 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 appellate counsel’s motion to withdraw should be
granted and the district court’s Order Denying Defendant’s Motion for Sentence Reduction
should be affirmed. It is, therefore,
[¶ 4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant Matthew Anthony Nartker, is hereby permitted to withdraw as counsel of
record for Appellant; and it is further
[¶ 5] ORDERED that the Converse County District Court’s September 3, 2021, Order
Denying Defendant’s Motion for Sentence Reduction be, and the same hereby is, affirmed.
[¶ 6] DATED this 9th day of March, 2022.
BY THE COURT:
/s/
KATE M. FOX
Chief Justice