D ORIGINAL 09/03/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0336

DA 23-0336

STATE OF MONTANA, Plaintiff and Appellee, v. ORDER JOSEPH DEAN PAULEY, Defendant and Appellant.

Appellant .Joseph Dean Pauley has appealed from the May 8, 2023 Amended Sentencing Order of the Fifth Judicial District Court, Beaverhead County, in its Cause No. DC-21-4041. On appeal, Pauley argues that the District Couft erred when it issued a written judgment that does not conform to its oral pronouncement of sentence, specifically that the court orally ordered Pauley to pay $180 in fees, but the written judgment specifies $250 in fees.

Appellee State of Montana has filed a Notice of Concession. It agrees with Pauley that the court's oral pronouncement controls over the written judgment when a discrepancy arises between the two. State v. Lane, 1998 MT 76,11 40, 48, 288 Mont. 286, 957 P.2d 9.

Based on Pauley's opening brief and the State's concession, and good cause appearing, IT IS HEREBY ORDERED that this case is REMANDED to the Fifth Judicial District Court, Beaverhead County, with instructions for the District Court to amend its Judgment to conform with its oral pronouncement, as set forth above.

IT IS FURTHER ORDERED that this appeal is DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED that REMMITUR shall issue EVIMEDIATELY UPON REMAND.

ALE SEP 0 3 2024 Bowen Greenwood r Cleric of Supreme Court State of Montabe The Clerk is directed to provide copies of this Order to all counsel of record and to presiding judge Honorable Lap Berger.

st Dated this -a- day of September, 2024.

Chief Justice