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| Wyoming Supreme Court Cases |
LARRY DEAN SUTTON V. THE STATE OF WYOMING
2009 WY 60
206 P.3d 372
Case Number: S-08-0249
Decided: 05/01/2009
April
Term, A.D. 2009
LARRY
DEAN SUTTON,
Appellant
(Defendant),
v.
THE STATE OF
WYOMING,
Appellee
(Plaintiff).
Order
Affirming the Judgment and Sentence of the District
Court
[¶1] This
matter
came before the Court upon its own motion following notification that appellant
has failed to file a pro se brief
within the time allotted by this Court.
On February 26, 2009, 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 both the initial and amended “Anders briefs” submitted by counsel,
this Court entered its “Order Granting Permission for Court Appointed Counsel to
Withdraw,” on March 10, 2009. That
Order provided that the District Court’s August 29, 2008, “Judgment and
Sentence” would be affirmed unless, on or before April 27, 2009, the appellant
filed a brief that persuaded this Court that the captioned appeal is not wholly
frivolous. Taking notice that the
appellant, Larry Dean Sutton, has failed to file 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 August 29, 2008, “Judgment and Sentence” be, and the same
hereby is, affirmed.
DATED
this 1st day of May, 2009.
BY THE COURT:
/s/ Barton R. Voigt
BARTON R. VOIGT
Chief Justice
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