Robin Allyssa Alcorn v. The State of Wyoming

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IN THE SUPREME COURT, STATE OF WYOMING 2021 WY 125 October Term, A.D. 2021 November 10, 2021 ROBIN ALLYSSA ALCORN, Appellant (Defendant), v. S-21-0174 THE STATE OF WYOMING, Appellee (Plaintiff). ORDER AFFIRMING ORDER REVOKING PROBATION [¶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 filed this appeal to challenge the district court’s May 13, 2021 Order of Revocation. The district court revoked probation and imposed a three to five-year sentence for felony child endangerment (methamphetamine). Wyo. Stat. Ann. § 6-4-405(b). [¶2] On September 13, 2021, 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 October 28, 2021, Appellant “may file with this Court a pro se brief which specifies the issues for 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 that appellate counsel’s motion to withdraw should be granted and the district court’s Order of Revocation should be affirmed. It is, therefore, [¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel for Appellant Robin Allyssa Alcorn, is hereby permitted to withdraw as counsel of record for Appellant; and it is further [¶5] ORDERED that the Sheridan County District Court’s May 13, 2021 Order of Revocation be, and the same hereby is, affirmed. [¶6] DATED this 10th day of November, 2021. BY THE COURT: /s/ KATE M. FOX Chief Justice

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