### IN THE SUPREME COURT, STATE OF WYOMING

20 2 3 WY 91

April Term, A.D. 20 2 3

September 20, 2023

ROBERTO OLAGUE,

Appellant (Defendant),

v.

THE STATE OF WYOMING,

Appellee (Plaintiff). S

- 23

- 0134, S

- 23

- 0135



### O RDER 

### A FFIRMING THE 

### D ISTRICT 

### C OURT 

### ’ S 

### J UDGMENT S

[¶ 1 ] This matter came before the Court upon its own motion following filing of A ppellant ’s Pro Se Supplemental Brief

. Pursuant to a plea agreement, Appellant resolved the two district court cases that give rise to the captioned consolidated appeals. In S

- 2 3

- 01 34 , Appellant challenges the district court’s January 31 , 202 3 , Judgment and Sentence entered in docket 2021

- CR

- 35

- 00 667

. In that docket , Appellant entered an unconditional “no contest” plea to one count of felony theft. Wyo. Stat. Ann. § 6

- 3

- 402. On that conviction, t he district court imposed a two to four

- year sentence, which was suspended in favor of three years of probation. In S

- 2 3

- 01 3 5, Appellant challenges the district court’s January 31, 2023, Judgment and Sentence entered in docket 2022

- CR

- 35

- 00776. In that docket, Appellant entered an unconditional “no contest” plea to one count of unauthorized use of a v ehicle , a misdemeanor. Wyo. Stat. Ann. § 31

- 11

- 1 0 2

. On that conviction, t he district court imposed a se ntence of credit for time served.

[¶2] On July 2 1 , 20 2 3 , 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). T his Court subsequently entered an Order Granting Motion for Extension of Time to File Pro Se Brief. This Court ordered that, on or before September 7 , 20 2 3
, 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 subsequently filed his Pro Se Supplemental Brief

. [¶3] Now, f ollowing a careful review of th at brief, the record s , 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 j udgment s should be a ffirmed. Regarding any speedy trial claim, this Court notes Appellant’s unconditional no contest pleas waived such

a non

- jurisdictional claim. Kitzke v. State , 2002 WY 147, ¶¶ 8

- 9, 55 P.3d 696, 699 (Wyo. 2002) (“Analysis of these claims must begin with the observation that an unconditional guilty [or no contest] plea waives all non

- jurisdictional defenses, including claims based on the alleged deprivation of constitutional rights.

. . . Non

- jurisdictional defects include the use of inadmissible evidence, the use of unlawfully obtained statements, a claim that a
gra nd jury was improperly convened and conducted, and a claim of violation of the right to speedy trial.”) It is, therefore,

[¶4] ORDERED that the Wyoming Public Defender’s Office, court

- appointed counsel for A ppellant Roberto Olague , is hereby permitted to withdraw as counsel of record for A ppellant; and it is further

[¶ 5 ] ORDERED that, in docket S

- 2 3

- 01 34 , the Laramie County District Court’s January 31 , 202 3 , Judgment and Sentence be, and the same hereby is, affirmed; and it is further

[¶ 6 ] ORDERED that, in docket S

- 2 3

- 01 3 5 , the Laramie County District Court’s January 31 , 202 3 , Judgment and Sentence be, and the same hereby is, affirmed

. [¶ 7 ] DATED this 2 0 th day of September
, 20 2 3

.

BY THE COURT:

/s/

KATE M

. FOX Chief Justice