.

ORIGINAL 11/29/2022

Form 4(6) Name Gr.60.,4 c oJ \:,,,,_cona...5cn, 42... Case Number: DA 22-0641

city fi,A, tate Zip Map [e- ail adakr,ess] NOV 1 4 2022 peAca\-\-- Bowen Gfear" 400c1 of supremo Court [Des dation of party] StFits " f " c)ntan"

IN THE SUPREME COURT OF THE STATE OF MONTANA No. Net 7„2.-061-i [to be assigned by Clerk of Supreme Court]

GaZEKT GAMPA , Appellant, PETITION FOR AN OUT-OF-TIME V. APPEAL S7ATE (21 1A0ATANA , Appellee. [To ask the Court to allow you to file an out-of-time appeal, give the reasons why the appeal was not timely filed. State in the petition or supporting affidavit the issues you wish to raise on appeal and explain in detail the reasons that you did not file a timely appeal. Give only true and accurate explanations that support your petition. Include a copy of thefinal order orjudgmentfrom which you wish to appeal. M. R. App.P. 4(6)] I petition the Court to allow me to file an out-of-time appeal for the following reason: [Check one] I improperly filed a timely Notice of Appeal only with the District Court, as more fully explained below.

0 Montana Supreme Court OUT-OF-TIME APPEAL PAGE 1 OF 4 ❑ I discussed filing a timely appeal with my attorney, but he or she failed to file it for me, as more fully explained below.

0 I failed to file the Notice of Appeal for the following reason:

cl:kc,\* \t-nrak 0„krv) oc sto 1.a •,.)_okit eas Cyr \\Ned 4:0\\otisqj ractAcyns

X Attached as Exhibit "A," a copy of the judgment or order from which I wish to appeal.

As legal authority for filing an out-of-time appeal, I cite the following which supports this petition: cl) My No4-/CP, Apro J to vcxtr, &Tromp, enur y \-)9.-Pnrc), Grifteu rAer T Lt Sonko)nre ‘ön kut,i is\- 311 +6,x (4)6As roMmori \pack 41Dna, \rt. otter t TY\L -\-c) re..-stSymi'Aa adrao worv;ce.

As san+ Nn-kce. Artim. Sof \-ornbe,r a. aucAmmi MOTerthd DATED this C\ Sce, ye\ day of AkNe Sosa. Sicn‘nr (Ind, ici3tan , 201 .

1- *teri \ D 0 Montana Supreme Court OUT-OF-TIME APPEAL PAGE 2 OF 4 LoWn -\-\Acz\-• Sc.t.ne 4.0.? , on. 'Mee. \clack oiC: As\-\ ex\wd\oget4 ' I asff\- "en enc..\05\n.c. *Re, \e.,\-\cer cLakci, Oc.Atber VA . ap aa ) Ty40 re-suirc<vr :*.(:)\-':\ch LQ!'s 11\ ‘i\CICIX‘rn."

A;\0-.* i all CAra• ivy No\-\c.s 0C 49e.r.).\ an% \\\e- (00 ad) Sr" kinv's \\tn.:0" Prokortr4\e• *ocrr\v szr4ex\c-\rvi6rc\-ry oc men,* or. kx9u4k )- Q.C;t9.“ AS -\\-oacsr c\(<0,n-, \to Cok.)A. or. es ckt\Der 571# cloaks Skoka s?Qoc.:1Cm‘c..c.\)y) Gs* 4\\Q k°?A\-\°13 r( Your oC--Pc.s re.ce:weri \cry docu,Mena+ Ili ccNal-ice.

Gf\-VM o-P Appeatodrzle 4\0.*W wG4110e:‘ At \ems) u)`(\c\-‘. \ \-\QaTecoce) a0Q)S S\1.0L0 SM.GA" a) SeXI,f c\-returnecto ‘rooefoce C)c)ax° 3&i.

No\ambcr 5;L.°\--a\c\-`• \tou-r \cs-s;" \Qs\e`e 1 re"Ca:‘". 64"\-ecis 2022,) M-ohc.1, i-Nti\c%...srwa..6 Lol-Lvn. \-\(\.0* S. \\0LL *m0 \-asive.. 'A- \v\ by or \carom? N-\-a- Mei er; ockobex%en My No;-ictz, oPAppeca We •41 sexa- .\-o Npu.r Coy.* o\r\ SQ.,?.\.e.ritst XV' wc.ds ca1s0 \ctiNnea back isvo rrAo\oeco-u-se it\ \(ousr \es-War Acc\-(2.1 OcA-dber ar,ad \.\- Locus irvcorrnav ma, \Ana.* i n esai_pi, .\-0 c.,\so Sesa a) c,(:) Y •\-0 \-\r\e" CoL4 AYcorn,y aikncit A-o \-\-\e. AcWorh,Q.y GrOP4n\ OX\6: b‘C\Ce• : ‘Ck‘C\S3rks° CO OLA. 4V2s -QiNCA\OSQ•411 Conn thC.* i WOdS SQA%*, SI TOMnS -\ -\\a 7 \\cave olordeo So aXa -\1 4 / e" VAsuam --\\a cOnn \pc,•Co st% o \four c owcA- .a.)\41i,1 n-\9 clocantat\spiCal. i a,;(1, ,Q,;/,e,..cMy cAA\ ac Qhictri- rnms i2:t\c‘igi ixarrntact \-0 c/.0 by yo to e.owc.

M -es- Nri2,--suipv-;‘\AS scnr i\kik‘02., oc Appea\ -ko your 5Lyremo-- cour'r, \91_.8..•18. -v2, ?G_9 CS OVQr .\ \1\0?C" \ -\ari \-sr\e, cia1 2/-Q, o.c Sefri-ernber *020;2) in order frop 9ts,\- OcIro\Der agtaoaa.

As ,,,t)..\,. -\-\-„.,..4\-„vs u,,,..6 er -pc,(N‘MO-sCLby yOUX owc\--\r- 0 re- v\-.rr\ ARtio...12.,. ?u„e\-. ;-\\o/oteks\-e, 0 whvn.

S er. Q.0\19.., IDariC 0 W-hyto i ni 0 (1.1 ) OA' CrcYYTC, [Print namd VERIFICATION UPON OATH OR AFFIRMATION STATE OF MONTANA ) : ss.

County of 26.,69.4\\-. . ) I swear that everything stated in this petition is true and correct to the best of my knowledge.

DATED this q day of (- 0,JakThm\f-Sr , 20QQ .

[Signature] [-- --Crir—>rTh -trerN GIGACO-MCP [Print name] Signed and sworn to or affirmed before me on this date by (CR,Ws.:(4- ex-rimy"), [Seal] (Signature otNotary Public] 4ThpOir [Typed or printed name] C_LC, 14/ _ P"\Qa--0-.8-AY [Title] •-\4<k eTher\.X mr, [Residing at] My Commission expires: ---If9--?)1,n-Qe g

0 Montana Supreme Court OUT-OF-TIME APPEAL PAGE 3 OF 4 CERTIFICATE OF SERVICE I certify that I have filed a copy of this Petition for an Out-of-Time Appeal with the Clerk of the Montana Supreme Court and that I have mailed or hand delivered a copy to each attorney of record and any party not represented by counsel as follows:

Thisecuiirtr; Dis-iiniri-A4nrn ) [Name of opp,icounsel] kijric_Liko soin oi (Ls+ n 40 r4n, WIt\SSCIVA3 C?; [Address] )A417 5q ICA- Counsel for S4a,-I-e. (-)P r?rapal GT 11-per-\- CcGert2a) [Other party representing hi elf or herself]

[Address] e9E-5q1da DATED this 0 1\ day of A) ernha l

[Name] _ toe [Print name]

Montana Supreme Court OUT-OF-TIMEAPPEAL PAGE4 OF4 FILED a)et\---rn 08/25/2022 Teny Halpin CLERK Yellowstone County District Court STATE OF MONTANA Sy:Darren Mattern PV DC-56-2007-0000531-IN Harris, Donald 139.00

MONTANA THIRTEENTH JUDICIAL DISTRICT COURT, YELLOWSTONE COUNTY

STATE OF MONTANA, CAUSE NO. DC 07-0531 Plaintiff, JUDGE DONALD L. HARRIS vs.

GILBERT CAMPA, ORDER OF REVOCATION AND Defendant. IMPOSITION OF SENTENCE

This Court held a Revocation Hearing on October 29, 2021, to determine whether the Defendant's previous sentence should be revoked. Defendant was present with counsel. Based on the Defendant's substantial admissions of the allegations contained in the State's Petition for Revocation of Sentence, the Court finds that the Defendant has violated the terms and conditions of his Sentence and hereby Orders the Sentence is Revoked.

This Court held a Disposition Hearing on August 3, 2022, and resentenced the Defendant.

IT IS ORDERED that for CRIMINAL DISTRIBUTION OF DANGEROUS DRUGS (FELONY) the Defendant is sentenced pursuant to § 46-18-203, MCA, to the Montana State Prison for SEVENTEEN (17) YEARS, to run concurrently with DC 07-0917.

The previous Orders and reasons of this Court entered on August 10, 2009, remain unchanged.

The conditions of release are to be determined by the Parole Board prior to release from the Montana State Prison should the Defendant be granted parole.

THE COURT FINDS the Defendant is not entitled to receive credit for elapsed time while not incarcerated pursuant to § 46-18-203(7)(b), MCA. Denial of credit for elapsed time is based on Defendant's failure to comply with the terms and conditions of the sentence while under supervision.

Reasons for Sentence are as follows: 1. The Court considered the contents of the Report of Violations and the recommendations of the supervising officer.

2. The Court considered the nature of the violations and the Defendant's admitted conduct.

3. The Court considered the arguments of counsel.

4. The Court considered Defendant's statement presented at the hearing.

5. The Court considered testimony presented at the hearing.

The Bond, if any, is exonerated.

If the written judgment differs from the sentence the Judge pronounced orally, then the State or Defendant has only One Hundred Twenty (120) days to contest the written judgment as set forth in § 46- 18-116, MCA. If no party contests the written judgment within One Hundred Twenty (120) days, the written judgment is presumed correct.

DONE IN OPEN COURT on August 3, 2022, /s/ Donald L. Harris DISTRICT COURT JUDGE

cc: YCAO - Ingrid A. Rosenquist /jf DEFENSE COUNSEL- Fred Snodgrass Billings Police Department C&O 07-08909 Adult Probation & Parole

Electronically Signed By: Hon. Judge Donald L Harris Thu, Aug 25 2022 09:00:21 AM ax\-\\IDv\--k,\D FILED 08/25/2022 Terry Halpin CLERK Yellowstone Caunty District Court STATE OF MONTANA By:Darren Maltem PV DC-56-2007-0000917-IN Harris, Donald 126.00

MONTANA THIRTEENTH JUDICIAL DISTRICT COURT, YELLOWSTONE COUNTY

STATE OF MONTANA, CAUSE No. DC 07-0917 Plaintiff, JUDGE DONALD L. HARRIS vs.

GILBERT CAMPA, ORDER OF REVOCATION AND Defendant. IMPOSITION OF SENTENCE

This Court held a Revocation Hearing on October 29, 2021, to determine whether the Defendant's previous sentence should be revoked. Defendant was present with counsel. Based on the Defendant's substantial admissions of the allegations contained in the State's Petition for Revocation of Sentence, the Court finds that the Defendant has violated the terms and conditions of his Sentence and hereby Orders the Sentence is Revoked.

This Court held a Disposition Hearing on August 3, 2022, and resentenced the Defendant.

IT IS ORDERED that for COUNT I: CRIMINAL POSSESSION WITH INTENT TO DISTRIBUTE (FELONY) the Defendant is sentenced pursuant to § 46-18-203, MCA, to the Montana State Prison for SEVENTEEN (17) YEARS, to run concurrently with DC 07-0531.

IT IS FURTHER ORDERED that for COUNT CRIMINAL POSSESSION OF DANGEROUS DRUGS (FELONY) the Defendant is sentenced pursuant to § 46-18-203, MCA, to the Montana State Prison for SEVENTEEN (17) YEARS, to run concurrently with Count I.

The previous Orders and reasons of this Court entered on August 10, 2009, remain unchanged.

The conditions of release are to be determined by the Parole Board prior to release from the Montana State Prison should the Defendant be granted parole.

THE COURT FINDS the Defendant is not entitled to receive credit for elapsed time while not incarcerated pursuant to § 46-18-203(7)(b), MCA. Denial of credit for elapsed time is based on Defendant's failure to comply with the terms and conditions of the sentence while under supervision.

Reasons for Sentence are as follows: 1. The Court considered the contents of the Report of Violations and the recommendations of the supervising officer.

2. The Court considered the nature of the violations and the Defendant's admitted conduct.

3. The Court considered the arguments of counsel.

4. The Court considered Defendant's statement presented at the hearing.

5. The Court considered testimony presented at the hearing.

The Bond, if any, is exonerated.

If the written judgment differs from the sentence the Judge pronounced orally, then the State or Defendant has only One Hundred Twenty (120) days to contest the written judgment as set forth in § 46- 18-116, MCA. If no party contests the written judgment within One Hundred Twenty (120) days, the written judgment is presumed correct.

DONE IN OPEN COURT on August 3, 2022, /s/ Donald L. Harris DISTRICT COURT JUDGE

cc: YCAO - Ingrid A. Rosenquist /jf DEFENSE COUNSEL- Fred Snodgrass Billings Police Department C&O 07-09030 Adult Probation & Parole

Electronically Signed By: Hon. Judge Donald L Harris Thu, Aug 25 2022 08:59:07 AM