Justice Zerfas v. The State of Wyoming ( 2023 )

IN THE SUPREME COURT, STATE OF WYOMING
2023 WY 125October Term, A.D. 2023
December 20, 2023
JUSTICE ZERFAS,
Appellant
(Defendant),
v. S-23-0195
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
Appellant has not filed a pro se brief within the time allotted by this Court. Pursuant to a
plea agreement, Appellant entered an unconditional guilty plea to one count of attempted
third-degree arson. Wyo. Stat. Ann. § 6-3-103; § 6-1-301. The district court imposed a
sentence of two to five years. Appellant filed this appeal to challenge the district court’s
June 20, 2023, Judgment and Sentence.
[¶2] On October 12, 2023, Appellant’s court-appointed appellate counsel e-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 November 27, 2023, Appellant was permitted to 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 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 Judgment and Sentence should be affirmed. It is, therefore,
[¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant Justice Zerfas, is hereby permitted to withdraw as counsel of record for
Appellant; and it is further
[¶5] ORDERED that the Natrona County District Court’s June 20, 2023, Judgment and
Sentence be, and the same hereby is, affirmed.
[¶6] DATED this 20th day of December, 2023.
BY THE COURT:
/s/
KATE M. FOX
Chief Justice