09/24/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0461

DA 20-0461

STATE OF MONTANA, FILE SEP 2 3 2020 Plaintiff and Appellee, Bowen Greenwood Clerk of Supreme Court State of Montana • v. ORDER.

NICOLE ABENICIA NOLI, Defendant and Appellant.

Nicole Abenicia Noli moves this Court to appoint the Office of the State Public Defender, pursuant to § 47-1-104(4)(c), MCA. As grounds, Noli states that she retained counsel in her underlying crirninal case with her parents' financial assistance and that she does not have such assistance for this appeal. She further states that she cannot afford an attorney to represent her on appeal. Noli adds that she contemporaneously submitted a financial application to the Office ofthe State Public Defender.

Noli includes a copy of the July 20, 2020 Judgment and Order Deferring Sentence from the Seventh Judicial District Court, Dawson County. Noli entered guilty pleas to felony criminal possession of dangerous drugs (rnethamphetarnine) and misdemeanor criminal possession of drug paraphernalia. The District Court deferred imposition of the three-year term and imposed a suspended, six-month jail term for the misdemeanor. Noli has a recent felony conviction, and she rnay be entitled to appointment of counsel in this appeal. Section 46-8-103(1), MCA. Therefore, IT IS ORDERED that Noli's Motion for Appointrnent of Counsel is GRANTED.

The Appellate Defender Division shall have thirty days from the date of this Order within which to file either a Notice of Appearance or a Motion to Rescind this Order appointing counsel. In the event the Appellant qualifies for appointed counsel, the Appellate Defender Division shall immediately order transcripts.

The Clerk of the Supreme Court is directed to provide a copy of this Order to the Appellate Defender Division, to counsel ofrecord, and to Nicole Abenicia Noli personally.

DATED this e. le-—day GI of September, 2020.

For the Court,

Chief Justice