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

IN THE SUPREME COURT, STATE OF WYOMING
2021 WY 140October 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