Giovanni A. Guerriero v. The State of Wyoming
CourtWyoming Supreme Court
Date FiledAugust 19, 2026
DocketS-26-0082
StatusPublished
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Full Opinion
IN THE SUPREME COURT, STATE OF WYOMING
2026 WY 93
April Term, A.D. 2026
August 19, 2026
GIOVANNI A. GUERRIERO,
Appellant
(Defendant),
v. S-26-0082
THE STATE OF WYOMING,
Appellee
(Plaintiff).
ORDER GRANTING MOTION TO WITHDRAW AND AFFIRMING THE
DISTRICT COURT’S ORDER OF DISPOSITION AND IMPOSING 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. Appellant took this appeal to
challenge the district court’s January 29, 2026, Order of Disposition and Imposing
Sentence. Appellant admitted he violated his probation. The district court revoked
probation and imposed the underlying three to five year sentence on Appellant’s conviction
for possession of a controlled substance to-wit: marijuana, third or subsequent offense.
Wyo. Stat. Ann. § 35-7-1031(c)(i)(A).
[¶2] On June 10, 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 August
3, 2026, Appellant may file with this Court a pro se brief specifying the issues for 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. This Court notes that 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 order revoking probation should be affirmed. It is,
therefore,
[¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel
for Appellant Giovanni A. Guerriero, is hereby permitted to withdraw as counsel of record
for Appellant; and it is further
[¶5] ORDERED that the Campbell County District Court’s January 29, 2026, Order of
Disposition and Imposing Sentence be, and the same hereby is, affirmed.
[¶6] DATED this 19th day of August, 2026.
BY THE COURT:
/s/
LYNNE BOOMGAARDEN
Chief Justice