02/08/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0314

DA 22-0314 _________________ DAVID ALLEN PEIN, Petitioner and Appellant, v. ORDER STATE OF MONTANA, Respondent and Appellee. _________________ Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five-justice panel of this Court.

The Clerk is directed to provide a copy hereof to David Allen Pein, to all counsel of record, and to the Honorable Jon A. Oldenburg, District Judge.

For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court February 8 2023