03/10/2020 *,11 ii*st *.

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0269

DA 19-0269

STATE OF MONTANA, Plaintiff and Appellee, v. ORDER KENNETH LEROY WHITLOW, FILED MAR 1 0 2020 Defendant and Appellant.

Bovven G ree n wood Clerk of Suprerne Court State of Montana This Court granted Appellant a motion for extension of time until December 23, 2019, to file the opening brief in this matter. Nothing further was filed, and the brief became overdue. On January 3,2020,the Court ordered Appellant to file his opening brief within thirty days or the case would be dismissed. Nothing further has been filed. It has also come to the Court's attention that Appellant died on February 14, 2020, rendering the issues in this appeal moot.

THEREFORE, IT IS ORDERED that this case is DISMISSED WITH PREJUDICE.

The Clerk is directed to provide copies of this Order to all counsel of record.

41=, DATED this )b day of March, 2020.

Chief Justice Justices