10/31/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0528

No. DA 22-0528 __________________ STATE OF MONTANA, Plaintiff and Appellee, v. ORDER MICHAEL ANTHONY PARKER, Defendant and Appellant. __________________ The parties to this appeal have filed a stipulation and motion to dismiss the appeal with prejudice. The parties stipulate that the case should be remanded to the Eighth Judicial District Court, Cascade County, for a new sentencing hearing, and that the appeal should be dismissed upon that remand. The parties further move that remittitur should issue immediately. Good cause appearing, IT IS ORDERED that this matter is remanded for the Eighth Judicial District Court, Cascade County, and ordered that a new sentencing hearing be held.

IT IS FURTHER ORDERED that the remainder of this appeal is DISMISSED with prejudice.

IT IS FURTHER ORDERED that remittitur shall issue immediately.

The Clerk is directed to provide copies of this Order to all counsel of record and to the Honorable David J. Grubich, presiding judge.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court October 31 2023