03/02/2021

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0220

DA 19-0220

STATE OF MONTANA, Plaintiff and Appellee, v. ORDER DESMOND D. HARDESTY, FILED Defendant and Appellant.

MAR 0 2 2021 Bovven Greenvvood Clerk of Supreme Court State of Montana Counsel for the Appellant Desmond D. Hardesty filed a motion and brief asking to be allowed to withdraw from this appeal on grounds that counsel has been unable to find any nonfrivolous issues to raise on appeal, pursuant to § 46-8-103(2), MCA,and Anders v. California, 386 U.S. 738,87 S. Ct. 1396(1967). Hardesty was given time to respond, but no response was filed.

The Court has now independently examined the record pursuant to § 46-8-103(2), MCA, and Anders. We conclude there are no arguments with potential legal merit that could be raised in Hardesty's appeal in this case.

Therefore, IT IS ORDERED that this appeal is DISMISSED.

The Clerk is directed to provide copies ofthis Order to all counsel ofrecord and to the appellant personally,:, DATED this -2--- day of March,2021.

Chief Justice 49-;1 n4

Justices