Christopher Lane Carson v. The State of Wyoming ( 2021 )

IN THE SUPREME COURT, STATE OF WYOMING
2021 WY 91April Term, A.D. 2021
August 11, 2021
CHRISTOPHER LANE CARSON,
Appellant
(Defendant),
v. S-21-0091
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 felony driving while under the influence, a
fourth or subsequent offense in ten years. Wyo. Stat. Ann. § 31-5-233. The district court
imposed a three to five-year sentence. Appellant filed this appeal to challenge the district
court’s February 4, 2021, Sentencing Order.
[¶2] On June 8, 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 July 23,
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, Christopher Lane Carson, is hereby permitted to withdraw as counsel of
record for Appellant; and it is further
[¶5] ORDERED that the Carbon County District Court’s February 4, 2021 Sentencing
Order be, and the same hereby is, affirmed.
[¶6] DATED this 11th day of August, 2021.
BY THE COURT:
/s/
KATE M. FOX
Chief Justice