David A. Garrison v. The State of Wyoming

IN THE SUPREME COURT, STATE OF WYOMING
2023 WY 45April Term, A.D. 2023
May 10, 2023
DAVID A. GARRISON,
Appellant
(Defendant),
v. S-23-0017
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 guilty plea to one count of possession of marijuana, a third or
subsequent offense felony. Wyo. Stat. Ann. § 35-7-1031(c)(i)(A). The district court
imposed a sentence of one to three years. Appellant filed this appeal to challenge the district
court’s November 30, 2022, Sentence.
[¶2] On March 9, 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
April 24, 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 Sentence should be affirmed. It is, therefore,
[¶4] ORDERED that the caption in this appeal has been amended to be consistent with
the district court’s caption regarding Appellant’s middle name; and it is further
[¶5] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant David A. Garrison, is hereby permitted to withdraw as counsel of record for
Appellant; and it is further
[¶6] ORDERED that the Crook County District Court’s November 30, 2022, Sentence
be, and the same hereby is, affirmed.
[¶7] DATED this 10th day of May, 2023.
BY THE COURT:
/s/
KATE M. FOX
Chief Justice