State v. M. DeCelles

Montana Supreme Court

State v. M. DeCelles

Opinion

u ORIGINAL 12/05/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0474

DA 22-0474

STATE OF MONTANA,

Plaintiff and Appellee,

v. ORDER

MICHAEL LEE DECELLES,

Defendant and Appellant.

Counsel for the Appellant Michael Lee Decelles filed a motion and brief asking to be allowed to withdraw from this appeal on grounds that counsel has been unable to find any nonfrivolous issues to raise on appeal, pursuant to § 46-8-103(2), MCA, and Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Decelles was granted time to file a response, but no response was filed. The Court has now independently examined the record pursuant to § 46-8-103(2), MCA, and Anders. We conclude there are no arguments with potential legal merit that could be raised on direct appeal in Decelles's case. IT IS THEREFORE ORDERED that this appeal is DISMISSED. The Clerk is directed to provide copies of this Order to all counsel of record and to Decelles personally. DATED this S day of December, 2023.

Chief Justice FILED DEC 5 2023 Bowen Greenwood Clerk of Supreme ,court State of Montana nit /4 21 C...7 Justices

2

Reference

Status
Unpublished
Syllabus
Order - Final Disposition: Dismiss - Stipulated - The Court has ordered that the appeal is DISMISSED base on an independent examination that there are no legal arguments with potential legal merit that could be raised on appeal. No response to extension of brief response was received by the granted date.