G. Zindell v. State

01/13/2023 rnirr? T ri Case Number: DA 23-0021

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 23-0021 FILED GREGG ALLEN ZINDELL, JAN 1 2 2023 Bowe n Gte,unwood CI Supreme Court Petitioner and Appellant, of hilontana

v. ORDER STATE OF MONTANA, Respondent and Appellee.

Sell-represented Appellant Gregg Allen Zindell moves this Court for appointment of counsel in his appeal. As grounds, he states that his complaints need to be "[p]rofessionally addressed." Zindell is currently incarcerated in the Montana State Prison.

Zindell appeals a December 14, 2022 Cascade County District Court Order denying his second Petition for Postconviction Relief. There is no right to the appointment of counsel in a postconviction proceeding for relief, although a court may order the assignment of counsel under the circumstances outlined in § 46-8-104, MCA.

Zindell is not entitled to the appointrnent of counsel in this appeal. Zindell represented himself in the District Court. He has not demonstrated that extraordinary circumstances exist to justify appointment of counsel, pursuant to § 46-8-104(3), MCA.

Accordingly, IT IS ORDERED that Zindell's Motion for Appointment of Counsel is DENIED.

The Clerk is directed to provide a copy of this Order to counsel of record and to Gregg Allen Zindell along with a copy of this Court's Appellate Handbook for reference to the Montana Rules of Appellate Procedure and access to its forms.

DATED thisl Z. day of January, 2023.

For the Court.