Diego Corriveau v. The State of Wyoming

IN THE SUPREME COURT, STATE OF WYOMING
2023 WY 53April Term, A.D. 2023
June 1, 2023
DIEGO CORRIVEAU,
Appellant
(Defendant),
v. S-23-0039
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 one count of felonious restraint. Wyo. Stat.
Ann. § 6-2-202(a)(i). The district court imposed a three to five-year sentence, which was
suspended in favor of three years of supervised probation. Appellant filed this appeal to
challenge the district court’s January 20, 2023, Sentencing Order and Order for Probation.
[¶2] On April 7, 2023, 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 May 22,
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 Sentencing Order and Order for Probation should be
affirmed. It is, therefore,
[¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant Diego Corriveau, is hereby permitted to withdraw as counsel of record for
Appellant; and it is further
[¶5] ORDERED that the Hot Springs County District Court’s January 20, 2023,
Sentencing Order and Order for Probation be, and the same hereby is, affirmed.
[¶6] DATED this 1st day of June, 2023.
BY THE COURT:
/s/
KATE M. FOX
Chief Justice