Lino Alfred Hurtado v. The State of Wyoming ( 2021 )

IN THE SUPREME COURT, STATE OF WYOMING
2021 WY 112October Term, A.D. 2021
October 13, 2021
LINO ALFRED HURTADO,
Appellant
(Defendant),
v. S-21-0154
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 within the time allotted by this Court. Appellant
entered an unconditional no contest plea to one count of possession of methamphetamine
with intent to deliver. Wyo. Stat. Ann. § 35-7-1031(a)(i). The district court imposed a
four to seven-year sentence. Appellant filed this appeal to challenge the district court’s
April 8, 2021 Sentencing Order.
[¶2] On August 11, 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 entered an Order Granting
Motion for Extension of Time to File Pro Se Brief. This Court ordered that, on or before
September 27, 2021, 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. This Court
notes that 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 Sentencing Order should be affirmed.
[¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant Lino Alfred Hurtado, is hereby permitted to withdraw as counsel of record
for Appellant; and it is further
[¶5] ORDERED the Carbon County District Court’s April 8, 2021 Sentencing Order be,
and the same hereby is, affirmed.
[¶6] DATED this 13th day of October, 2021.
BY THE COURT:
/s/
KATE M. FOX
Chief Justice