Daniel K. Evans v. The State of Wyoming
CourtWyoming Supreme Court
Date FiledMay 28, 2026
DocketS-26-0027
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE SUPREME COURT, STATE OF WYOMING
2026 WY 58
April Term, A.D. 2026
May 28, 2026
DANIEL K. EVANS,
Appellant
(Defendant),
v. S-26-0027
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 no contest plea to one count of sexual abuse of a minor
in the second degree in violation of Wyo. Stat. Ann. § 6-2-315(a)(ii) and to one count of
attempted sexual abuse of a minor in the first degree in violation of Wyo. Stat. Ann. § 6-1-
301, 6-2-314(a)(i). For the second-degree count, the district court imposed a sentence of
10 to 15 years of incarceration and, for the attempted first-degree count, the court imposed
a sentence of 25 to 30 years of incarceration. The court ordered each count to run
concurrent. Appellant filed this appeal to challenge the district court’s December 8, 2025,
Judgment and Sentence.
[¶2] On March 3, 2026, Appellant’s court-appointed appellate counsel filed a Motion to
Withdraw as Counsel, pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 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 Appellant was permitted
to file with this Court a pro se brief specifying the issues he 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 has not filed a pro se brief in
the time allotted.
[¶3] Now, following a careful review of the Anders brief submitted by appellate counsel,
and the record, this Court finds that appellate counsel’s motion to withdraw should be
granted and the district court’s Judgment and Sentence should be affirmed. It is, therefore,
[¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant Daniel K. Evans, is hereby permitted to withdraw as counsel of record for
Appellant; and it is further
[¶5] ORDERED that the Converse County District Court’s December 8, 2025,
Judgment and Sentence be, and the same hereby is, affirmed.
[¶6] DATED this 28th day of May, 2026.
BY THE COURT:
/s/
LYNNE BOOMGAARDEN
Chief Justice