ROBBIE JAMES MODRELL V. THE STATE OF WYOMING
2006 WY 117
143 P.3d 351
Case Number: 06-29
Decided: 09/22/2006

April Term, A.D. 2006

ROBBIE JAMES MODRELL,

Appellant

(Defendant),

v.

THE STATE OF WYOMING,

Appellee

(Plaintiff).

Order Affirming the District Courts Order Denying Defendants Motion to Correct Illegal Sentence

            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 June 29, 2006, appellants 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 the Anders brief submitted by counsel, this Court entered its Order Granting Permission for Court Appointed Counsel to Withdraw and Conditionally Affirming Order Denying Motion to Correct Illegal Sentence, on July 18, 2006.  That Order provided that the District Courts December 28, 2005, Order Denying Defendants Motion to Correct Illegal Sentence would be summarily affirmed unless the appellant, Robbie James Modrell, on or before September 1, 2006, filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous.  Taking notice that the appellant, Robbie James Modrell, has failed to file a brief or other pleading within the time allotted, the Court finds that the Order Denying Defendants Motion to Correct Illegal Sentence should be affirmed.  It is, therefore,

ORDERED that the District Courts December 28, 2005, Order Denying Defendants Motion to Correct Illegal Sentence be, and the same hereby is, affirmed.

DATED this _______ day of September, 2006.

BY THE COURT:

BARTON R. VOIGT

Chief Justice

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