12/15/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0113

No. DA 19-0113 STATE OF MONTANA, Plaintiff and Appellee, v. DARRELL DWAYNE SMITH, Defendant and Appellant.

ORDER Following entry of this Court’s December 8, 2020 Opinion reversing and remanding this case, Defendant and Appellant Darrell Dwayne Smith has moved for immediate remittitur. Smith represents that the State of Montana does not oppose this motion. Good cause appearing, IT IS ORDERED that remittitur shall issue immediately.

The Clerk of this Court is directed to provide immediate notice of this Order to all counsel of record.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court December 15 2020