Rick Allen Bennefield v. The State of Wyoming ( 2020 )

IN THE SUPREME COURT, STATE OF WYOMING
2020 WY 108April Term, A.D. 2020
August 19, 2020
RICK ALLEN BENNEFIELD,
Appellant
(Defendant),
v. S-20-0045
THE STATE OF WYOMING,
Appellee
(Plaintiff).
ORDER AFFIRMING THE DISTRICT COURT’S JUDGMENT AND SENTENCE
[¶ 1] Pursuant to an oral plea agreement, Appellant entered unconditional no contest pleas
to one count of sexual exploitation of a child-possession of child pornography (Count 3)
and one count of sexual exploitation of a child-manufacturing child pornography (Count
53) in violation of Wyo. Stat. Ann. § 6-4-303(b)(iv) & (d) and § 6-4-303(b)(iii) & (c),
respectively. The district court sentenced him to 10 to 12 years imprisonment on Count 53
and a consecutive 5 to 6 years imprisonment on Count 3, with the latter sentence suspended
in favor of 3½ years of probation. Appellant filed this appeal to challenge the district
court’s January 16, 2020 “Judgment and Sentence.”
[¶ 2] On May 19, 2020, 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 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. Appellant’s pro se brief was due for
filing on or before August 5, 2020. Appellant filed a pro se brief on August 3, 2020.
[¶ 3] Following a careful review of the record, the “Anders brief” submitted by appellate
counsel, and Appellant’s pro se brief, this Court finds that 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 Rick Allen Bennefield, is hereby permitted to withdraw as counsel of record
for Appellant; and it is further
[¶ 5] ORDERED that the Laramie County District Court’s January 16, 2020, “Judgment
and Sentence” be, and the same hereby is, affirmed.
[¶ 6] DATED this 19th day of August, 2020.
BY THE COURT:
/s/
MICHAEL K. DAVIS
Chief Justice
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