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State v. Guillen

Supreme Court of Montana

July 23, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
ALBERTO GUILLEN, Defendant and Appellant.

ORDER

On July 9, 2013, this Court affirmed the District Court's denial of Appellant Alberto Guillen's motion to withdraw his guilty plea to attempted mitigated deliberate homicide and failure to stop immediately at the scene of an accident. 2013 MT 184N. Guillen seeks an extension of time within which to file a petition for rehearing.

Guillen represents that his appellate counsel declined to seek rehearing, that he cannot afford counsel, and that he has limited access to the law library and other resources at the prison where he is incarcerated. Although Guillen also requests representation of counsel, the appointment of his counsel has concluded with the resolution of the direct appeal. Section 46-8-103(1), MCA. Upon consideration,

IT IS HEREBY ORDERED that the motion for extension of time is GRANTED. Guillen shall file his petition for rehearing within thirty days of the date of this order.

The Clerk shall provide a copy of this order to counsel of record and to Alberto Guillen.


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