THOMAS AVERY GLENN, v. THE STATE OF WYOMING

THOMAS AVERY GLENN, v. THE STATE OF WYOMING
2011 WY 135
Case Number: S-11-0132
Decided: 09/21/2011
NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so correction may be made before final publication in the permanent volume.

April Term, A.D. 2011

THOMAS AVERY GLENN,
Appellant (Defendant),

v.

THE STATE OF WYOMING,
Appellee (Plaintiff).

[¶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 pled “no contest” to three charges: (1) criminal entry, a misdemeanor; (2) possession of marijuana, a third offense felony; and (3) felony interference with a peace officer. The district court imposed concurrent sentences of 2 to 4 years on the felonies, with those sentences to be served concurrently to the misdemeanor sentence. This is Appellant’s direct appeal from those convictions. On July 6, 2011, 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). Following a careful review of the record and the “Anders brief” submitted by counsel, this Court, on July 25, 2011, entered its “Order Granting Permission for Court Appointed Counsel to Withdraw.” That Order notified Appellant that the District Court’s April 7, 2011, “Judgment and Sentence” would be affirmed unless, on or before September 12, 2011, Appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. Taking note that Appellant, Thomas Avery Glenn, has not filed a brief or other pleading within the time allotted, the Court finds that the district court’s “Judgment and Sentence” should be affirmed. It is, therefore,

[¶2] ORDERED that the District Court’s April 7, 2011 “Judgment and Sentence” be, and the same hereby is, affirmed.

[¶3] DATED this 21st day of September, 2011.

BY THE COURT:

/s/

MARILYN S. KITE

Chief Justice