Gregory Dean Martinez v. The State of Wyoming

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IN THE SUPREME COURT, STATE OF WYOMING 2016 WY 32 October Term, A.D. 2015 March 9, 2016 GREGORY DEAN MARTINEZ, Appellant (Defendant), v. S-15-0269 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. Pursuant to a plea agreement, Appellant entered an unconditional guilty plea to one count of conspiracy to deliver a controlled substance, methamphetamine. Wyo. Stat. Ann. § 35-71031(a)(i) and § 35-7-1042. The district court imposed a sentence of three to four years. Appellant filed this appeal to challenge the district court’s November 4, 2015, “Judgment and Sentence.” [¶2] On January 12, 2016, 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). On January 14, this Court entered an “Order Granting Motion for Extension of Time to File Pro Se Brief.” This Court ordered that, on or before March 1, 2016, Appellant “may file with this Court a pro se brief specifying the issues he would like this 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.” This Court notes that Appellant has not filed 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 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, Gregory Dean Martinez, is hereby permitted to withdraw as counsel of record for Appellant; and it is further [¶5] ORDERED that the district court’s November 4, 2015, “Judgment and Sentence” be, and the same hereby is, affirmed. [¶6] DATED this 9th day of March, 2016. BY THE COURT: /s/ E. JAMES BURKE Chief Justice