IN THE SUPREME COURT, STATE OF WYOMING

2023 WY 91

 April Term, A.D. 2023

September 20, 2023

ROBERTO OLAGUE,

Appellant

(Defendant),

v.

THE STATE OF WYOMING,

Appellee

(Plaintiff).

S-23-0134, S-23-0135

ORDER AFFIRMING THE DISTRICT COURT’S JUDGMENTS

[¶1] This matter came before the Court upon its own motion following filing of 

Appellant’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-23-

0134, Appellant challenges the district court’s January 31, 2023, Judgment and Sentence

entered in docket 2021-CR-35-00667. 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, the district court imposed a two to four-year sentence, which was suspended in 

favor of three years of probation. In S-23-0135, 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 vehicle, a misdemeanor. Wyo. Stat. Ann. § 31-11-102. On that conviction, the 

district court imposed a sentence of credit for time served. 

[¶2] On July 21, 2023, 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 September 

7, 2023, 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, following a careful review of that brief, the records, 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 judgments should be affirmed. 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 

grand 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 Appellant Roberto Olague, is hereby permitted to withdraw as counsel of record for 

Appellant; and it is further

[¶5] ORDERED that, in docket S-23-0134, the Laramie County District Court’s January 

31, 2023, Judgment and Sentence be, and the same hereby is, affirmed; and it is further 

[¶6] ORDERED that, in docket S-23-0135, the Laramie County District Court’s January 

31, 2023, Judgment and Sentence be, and the same hereby is, affirmed.

[¶7] DATED this 20th day of September, 2023.

BY THE COURT:

/s/

KATE M. FOX

Chief Justice