Rodney Hayes Smith, II v. The State of Wyoming ( 2021 )

IN THE SUPREME COURT, STATE OF WYOMING
2021 WY 136October Term, A.D. 2021
December 8, 2021
RODNEY HAYES SMITH, II,
Appellant
(Defendant),
v. S-21-0095
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 filing of
Appellant’s pro se brief. Pursuant to a plea agreement, Appellant entered an unconditional
guilty plea to one count of voluntary manslaughter. He was also adjudicated a habitual
criminal. Wyo. Stat. Ann. § 6-2-105(a)(i); § 6-10-201(b)(i). The district court imposed a
40 to 50 year sentence. Appellant filed this appeal to challenge the district court’s March
3, 2021 Judgment and Sentence.
[¶2] On June 10, 2021, 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 ordered 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 filed his pro se brief November 19, 2021.
In it, he requests to appear in this Court in person to present his case. However, “a prisoner
has no absolute right to argue his own appeal or even to be present at the proceedings in an
appellate court.” Faretta v. California, 422 U.S. 806, 842, 95 S.Ct. 2525, 2544, 45 L.Ed.2d
562 (1975).
[¶3] Now, following a careful review of Appellant’s pro se brief, the Anders brief
submitted by appellate counsel, and the record, this Court finds appellate counsel’s motion
to withdraw should be granted and the district court’s Judgment and Sentence should be
affirmed. It is, therefore,
[¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant Rodney Hayes Smith, II, is hereby permitted to withdraw as counsel of record
for Appellant; and it is further
[¶5] ORDERED that the Natrona County District Court’s March 3, 2021 Judgment and
Sentence be, and the same hereby is, affirmed.
[¶6] DATED this 8th day of December, 2021.
BY THE COURT:
/s/
KATE M. FOX
Chief Justice