02/09/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0308

No. DA 21-0308 STATE OF MONTANA, Plaintiff and Appellee, v. ROBERT LEROY JAMES ALLERY, Defendant and Appellant.

ORDER Following entry of this Court’s February 7, 2023 Opinion reversing and remanding this case with instructions to dismiss, Defendant and Appellant Robert Allery has moved for immediate remittitur. Allery represents that the State of Montana does not oppose this motion. Good cause appearing, IT IS ORDERED that remittitur shall issue immediately.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court February 9 2023