Isaiah Elizer Santiago v. The State of Wyoming ( 2021 )


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  •            IN THE SUPREME COURT, STATE OF WYOMING
    
    2021 WY 140
    October Term, A.D. 2021
    December 22, 2021
    ISAIAH ELIZER SANTIAGO,
    Appellant
    (Defendant),
    v.                                                 S-21-0201
    THE STATE OF WYOMING,
    Appellee
    (Plaintiff).
    ORDER AFFIRMING PROBATION REVOCATION AND CONVICTIONS
    [¶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 June 8, 2021 Order Revoking Deferred Entry of
    Judgment in Case DC-7518, Disposition on Probation Revocation in Case DC-7518, and
    Sentence in Case DC-9117. In docket DC-7518, after Appellant admitted he violated his
    
    Wyo. Stat. Ann. § 7-13-301
     probation, the district court revoked probation and imposed a
    two to four-year sentence on a conviction for child abuse. 
    Wyo. Stat. Ann. § 6-2-503
    . In
    docket DC-9117, Appellant entered unconditional guilty pleas to strangulation of a
    household member and to misdemeanor domestic battery. 
    Wyo. Stat. Ann. § 6-2-509
    ; §
    6-2-511. On the felony, the district court imposed a four to six-year sentence, to be served
    consecutively to the child abuse sentence.
    [¶2] On October 14, 2021, 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 entered an Order
    Granting Motion for Extension of Time to File Pro Se Brief, which provided that Appellant
    “may file with this Court a pro se brief which specifies the issues for 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 November 29, 2021. 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 Order Revoking Deferred Entry of Judgment in Case DC-
    7518, Disposition on Probation Revocation in Case DC-7518, and Sentence in Case DC-
    9117 should be affirmed. It is, therefore,
    [¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
    for Appellant Isaiah Elizer Santiago, is hereby permitted to withdraw as counsel of record
    for Appellant; and it is further
    [¶5] ORDERED that the Campbell County District Court’s June 8, 2021 Order
    Revoking Deferred Entry of Judgment in Case DC-7518, Disposition on Probation
    Revocation in Case DC-7518, and Sentence in Case DC-9117 be, and the same hereby is,
    affirmed.
    [¶6]   DATED this 22nd day of December, 2021.
    BY THE COURT:
    /s/
    KATE M. FOX
    Chief Justice
    

Document Info

Docket Number: S-21-0201

Filed Date: 12/22/2021

Precedential Status: Precedential

Modified Date: 7/9/2024