Michelle L. Peoples v. The State of Wyoming
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IN THE SUPREME COURT, STATE OF WYOMING 2024 WY 32 October Term, A.D. 2023 March 27, 2024 MICHELLE L. PEOPLES, Appellant (Defendant), v. S-23-0250 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 an unconditional guilty plea to one felony count of theft. Wyo. Stat. Ann. § 6-3-402. The district court imposed a two to four-year sentence. Appellant took this appeal to challenge the district court’s August 2, 2023, Judgment and Sentence. [¶ 2] On January 24, 2024, 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 March 11, 2024, Appellant was permitted to file with this Court a pro se brief specifying the issues she 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 judgment should be affirmed. It is, therefore, [¶ 4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel for Appellant Michelle L. Peoples, is hereby permitted to withdraw as counsel of record for Appellant; and it is further [¶ 5] ORDERED the Laramie County District Court’s August 2, 2023, Judgment and Sentence be, and the same hereby is, affirmed. [¶ 6] DATED this 27th day of March, 2024. BY THE COURT:* /s/ KATE M. FOX Chief Justice * Justice Kautz retired from judicial office effective March 26, 2024, and, pursuant to Article 5, § 5 of the Wyoming Constitution and Wyo. Stat. Ann. § 5-1-106(f) (2023), he was reassigned to act on this matter on March 27, 2024.
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