n ORIGINAL IN THE SUPREME COURT OF THE STATE OF MONTANA 07/09/2024

Case Number: DA 24-0264

DA 24-0264

STATE OF MONTANA, Plaintiff and Appellee, v. ORDER ROBERT LYSLE ROSE, FILED Defendant and Appellant. JUL 0 9 2024 Bowen Greenwood Clerk of Supreme Court State of Montana

Self-represented Appellant Robert Lysle Rose moves this Court for a stay of this appeal to allow him to file a Motion to Modify the May 17, 2024 Second Amended Judgment in the Twenty-First Judicial District Court, Ravalli County, because it does not conform to the oral pronouncement ofJanuary 24, 2024. Alternatively, Rose indicates that he does not oppose a dismissal without prejudice of the current appeal. The State responds that it does not object to a stay, provided that this Court issues a limited remand for Rose to file a motion to amend the judgment to conform to the oral pronouncement of sentence.

This Court received the District Court's electronic record on May 24, 2024. Having reviewed Rose's motion and the State's response, the Court determines that dismissal is the more appropriate course of action, without prejudice to Rose's right to appeal once the District Court rules on his motion to modify the written judgment.

IT IS THEREFORE ORDERED: 1. This appeal is DISMISSED without prejudice; and 2. The Clerk of Supreme Court shall CLOSE this matter as of this Order's date.

The Clerk is directed to provide a copy of this Order to counsel of record and to Robert Lysle Rose personally.

DATED this 9 . — day of July, 2024.

Chief Justice