'Cj ORIGINAL 08/13/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 24-0445

OP 24-0445

JUSTIN WADE BROWN, Petitioner, v. ORDER STATE OF MONTANA, FILED Respondent. AUG 13 2024 Bowen Greenwood Clerk of Supreme Court State of Montana Appearing on his own behalf, Justin Wade Brown has filed a "Writ of Plain Error Review" with this Court. Citing to § 46-23-506, MCA, Brown seeks relief from "the violent offender registration requirement[.]" Brown puts forth that "the act of forcing the Petitioner to register as a violent offender based on a Misdemeanor P.F.M.A. conviction is a clear violation of the Ex-Post-Facto Clause of both the United States Constitution, and the state of Montana Constitution." Brown has brought his arguments to the wrong court. "Petitions for relief from registration under this part must be filed in the appropriate Montana district court." Section 46-23-506(2)(d), MCA. Brown also brings his arguments through the wrong vehicle. "Proceedings commenced in the supreme court originally to obtain writs of habeas corpus, injunction, review or certiorari, mandate, quo warranto, and other remedial writs or orders, shall be commenced and conducted in the manner prescribed by the applicable sections of the Montana Code Annotated . . . ." M. R. App. P. 14(2). There is no writ of plain error review because no statutes exist for such a writ. Plain error review is raised in a direct appeal and may be considered when fundamental and constitutional rights are implicated.

State v. Rardon, 2002 MT 345, ¶ 16, 313 Mont. 321, 61 P.3d 132. Brown has the option to seek relief from the requirement in the sentencing court. Accordingly, IT IS ORDERED that Brown's Writ of Plain Error Review is DISMISSED with prejudice.

IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.

The Clerk is directed to providc a copy of this Order to counsel of record and to Justin Wade Brown personally.

DATED this "‘z.,nay of August, 2024.