State v. C. Henry

ORIGINAL 08/06/2024

IN THE 'SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0658

DA 22-0658

STATE OF MONTANA, AUG - 6 2024 Bowen Greenwood Plaintiff and Appellee, Cleric of Supreme Court State of Montana

v. ORDER COLTER HELTON HENRY, Defendant and Appellant.

Counsel for the Appellant Colter Helton Henry 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).

The Court has now independently examined the record pursuant to § 46-8-103(2), MCA, and Anders. We conclude a nonfrivolous issue exists as to whether Henry's guilty plea was made knowingly, voluntarily, and intelligently.

IT IS ORDERED that counsel's motion to be allowed to withdraw is DENIED.

IT IS FURTHER ORDERED that Appellant's opening brief shall be due within thirty days of the date of this Order: The Clerk is directed to provide copies of this Order to all counsel of record and to • Henry personally.

DATED this -13, day of August, 2024.

Chief Justice dcr Justices