02/13/2025

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 25-0115

DA 25-0115 _________________ STATE OF MONTANA, Plaintiff and Appellee, v. ORDER KRAIG WALTER BENSON, Defendant and Appellant. _________________ Nick K. Brooke, counsel for Appellant Kraig Walter Benson, has filed a Motion to Withdraw and to appoint the Office of Appellate Defender Division (ADD) to represent Appellant in his appeal. Counsel represents that Appellant is currently incarcerated at the Montana State Prison, and that Appellant is indigent and without income or any significant assets.

IT IS HEREBY ORDERED that the Motion to Withdraw is GRANTED.

The Appellate Defender Division shall have until March 17, 2025, to file either a notice of appearance or a motion to rescind this Order appointing counsel. In the event the Appellant qualifies for appointed counsel, the Appellate Defender Division shall immediately order transcripts.

The Clerk is directed to provide a copy of this Order to counsel of record, to Appellant Kraig Walter Benson, and to the Appellate Defender Division.

Electronically signed by: Cory Swanson Chief Justice, Montana Supreme Court February 13 2025