Tell Edward Barbour v. The State of Wyoming

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IN THE SUPREME COURT, STATE OF WYOMING 2021 WY 57 April Term, A.D. 2021 April 28, 2021 TELL EDWARD BARBOUR, Appellant (Defendant), v. S-20-0254 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 in the time allotted. Pursuant to a plea agreement, Appellant entered unconditional Alford guilty pleas to one count of second-degree sexual assault and to one count of false imprisonment, a misdemeanor. Wyo. Stat. Ann. § 6-2303(a)(ii); § 6-2-203. On the felony conviction, the district court imposed a four to eightyear sentence. Appellant filed this appeal to challenge the district court’s October 13, 2020, “Judgment and Sentence.” [¶ 2] On February 25, 2021, 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 ordered that Appellant may “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’s pro se brief was due for filing on or before April 12, 2021. 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 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 Tell Edward Barbour, is hereby permitted to withdraw as counsel of record for Appellant; and it is further [¶ 5] ORDERED that the Johnson County District Court’s October 13, 2020, “Judgment and Sentence” be, and the same hereby is, affirmed. [¶ 6] DATED this 28th day of April, 2021. BY THE COURT: /s/ MICHAEL K. DAVIS Chief Justice