July 2, 2013
STATE OF MONTANA, Plaintiff and Appellee,
SHAWN THEODORE DAMON, Defendant and Appellant.
Shawn Theodore Damon, appearing pro se (Damon), appeals from a District Court bench ruling denying his counsel's motion to withdraw his appearance on behalf of Damon. The Attorney General has moved to dismiss this appeal without prejudice, arguing that there is no final judgment in place from which appeal may be taken. Damon has not filed a response or objection to the motion to dismiss.
Only a final judgment which affects the "substantial rights of the defendant" is appealable, and an appeal must be taken within 60 days from entry of the written judgment. Sections 46-20-104(1), MCA; 46-18-116, MCA. This appeal is not taken from a final order or judgment, as Damon has not been tried, convicted or sentenced. Consequently, this appeal is premature and must be dismissed. Therefore,
IT IS ORDERED that this appeal is DISMISSED WITHOUT PREJUDICE.
The Clerk is directed to provide a copy hereof to counsel of record and to Shawn Theodore Damon.