Ronald Dale Anderson v. State
2016 WY 95
| Wyo. | 2016Background
- Appellant Ronald Dale Anderson entered unconditional guilty pleas to two counts of third-degree sexual abuse of a minor pursuant to a plea agreement.
- The district court sentenced Anderson to concurrent terms of 10 to 15 years on each count.
- Anderson appealed the district court’s February 9, 2016 Judgment Upon Plea of Guilty and May 16, 2016 Sentence.
- Appellate counsel filed a motion to withdraw under Anders v. California after filing an Anders brief, and the court extended time for Anderson to file a pro se brief; Anderson did not file one.
- The Wyoming Supreme Court reviewed the record and the Anders brief, found no prejudicial issues requiring further briefing, granted counsel’s withdrawal, affirmed the judgment and sentence, and remanded to correct clerical errors in the charging and disposition documents.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Anderson) | Held |
|---|---|---|---|
| Whether counsel may withdraw under Anders | Counsel complied with Anders and no meritorious issues exist | Counsel failed to identify arguable issues; Anderson raised unspecified complaints | Withdrawal granted; Anders procedure deemed adequate here and appeal affirmed |
| Adequacy of appellate counsel’s Anders brief | Brief shows review and identifies no prejudicial error | Brief did not sufficiently point to record items that might support appeal | Court accepted withdrawal despite critique that more record references could have been provided |
| Validity of guilty pleas and sentence | Plea and sentencing proceedings were proper | Defendant challenged plea/sentence in appeal | Judgment and sentence affirmed |
| Clerical errors in charging documents | Errors are ministerial and correctable | Defendant likely seeks accurate records reflecting correct statutory subsections | Court ordered correction of clerical errors pursuant to W.R.Cr.P. 36 |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires counsel who seeks to withdraw on appeal to submit a brief identifying any potential arguable issues)
- United States v. Marvin, 211 F.3d 778 (3d Cir. 2000) (discusses counsel’s obligation to thoroughly search the record and law when presenting Anders issues)