j.) ORIGINAL 11/07/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0501 DA 23-0501 Fla) STATE OF MONTANA, NOV 0 7 2024 Bowen Greenwood Cferk of Supreme Court Plaintiff and Appellee, State of Montana

v. ORDER JAMES COLBY SMITFI, Defendant and Appellant.

Counsel for the Appellant James Colby Smith 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). This Court granted Smith time to respond, 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 in Smith's appeal in this 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 Smith personally.

DATED this 7------day of November, 2024.

Chief Justice

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Justices