State v. M. Welch
State v. M. Welch
Opinion
10/04/2022
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0214
DA 22-0214 ► a ,19e/
STATE OF MONTANA, OCT 0 4 2022 Bowen Greenwoo0 Clerk of Supreme Plaintiff and Appellee, Court State nt IVInntana
v. ORDER MATTHEW JASON WELCH, Defendant and Appellant.
Appellant Matthew Jason Welch has appealed from the Judgment of the Thirteenth Judicial District Court, Yellowstone County, in its Cause No. DC-20-107. The parties, by and through their respective counsel, now stipulate and jointly move for an order dismissing this appeal and remanding this matter to the District Court.
Specifically, the parties assert that the court included certain financial and probation conditions in the written judgment that were not imposed during the oral pronouncement of sentence. They request that this Court dismiss this appeal and remand this matter to the District Court with instructions to strike conditions 13(e), 13(h), 19, 23, 24, and 25 from the written judgment.
Based on the parties' stipulation, and good cause appearing, IT IS HEREBY ORDERED that this case is REMANDED to the Thirteenth Judicial District Court, Yellowstone County, with instructions for the District Court to amend its Judgment to conform with its oral pronouncement, as set forth above.
IT IS FURTHER ORDERED that this appeal is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that REMITTITUR shall issue IMMEDIATELY UPON REMAND.
The Clerk is directed to provide copies of this Order to all counsel of record and to presiding judge Honorable Donald L. Harris.
Dated this Lnay of October, 2022.
Chief Justice
Justices _
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