Thomas Joseph Roeber v. The State of Wyoming ( 2020 )

IN THE SUPREME COURT, STATE OF WYOMING
2020 WY 54April Term, A.D. 2020
April 29, 2020
THOMAS JOSEPH ROEBER,
Appellant
(Defendant),
v. S-19-0253
THE STATE OF WYOMING,
Appellee
(Plaintiff).
ORDER AFFIRMING THE DISTRICT COURT’S
“SENTENCE ON PROBATION REVOCATION”
[¶ 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 July 24, 2019, “Sentence on Probation
Revocation.” Appellant admitted he violated his probation. The district revoked probation
and imposed the underlying two to four-year sentence on Appellant’s conviction on one
count of endangering children. Wyo. Stat. Ann. § 6-4-405. Appellant entered an
unconditional guilty plea to that charge.
[¶ 2] On December 18, 2019, 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,” which provided that
Appellant “may file with this Court a pro se brief specifying the issues he would like 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. After extensions of
time, Appellant’s pro se brief was due for filing on or before April 13, 2020. 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 “Sentence on Probation Revocation” should be affirmed. It
is, therefore,
[¶ 4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant, Thomas Joseph Roeber, is hereby permitted to withdraw as counsel of record
for Appellant; and it is further
[¶ 5] ORDERED that the Campbell County District Court’s July 24, 2019, “Sentence on
Probation Revocation,” be, and the same hereby is, affirmed.
[¶ 6] DATED this 29th day of April, 2020.
BY THE COURT:
/s/
MICHAEL K. DAVIS
Chief Justice