July 24, 2013
STATE OF MONTANA, Plaintiff and Appellee,
MICHAEL DEAN BERGMAN, Defendant and Appellant.
Self-represented Appellant Michael Dean Bergman (Bergman) moves for the appointment of counsel in this appeal. In support of the motion, Bergman states that he was convicted of a felony, he is financially unable to retain private counsel and he believes that he meets the eligibility requirements for appointment of appellate counsel. Records on file indicate that Bergman's suspended sentence was revoked in the Fourth Judicial District Court earlier this year. Bergman filed his notice of appeal on May 1, 2013, and his opening brief presently is due on August 17.
It appears that Bergman may be entitled to appointed counsel in this appeal. Therefore,
IT IS ORDERED that the motion for appointment of counsel is GRANTED.
The Office of Appellate Defender (OAD) is granted twenty days from the date of this Order within which to file either a notice of appearance or a motion to rescind this Order appointing counsel. While the District Court record has been filed with the Clerk of this Court, no transcripts have been filed. In the event the Appellant qualifies for appointed counsel, the OAD shall immediately order transcripts if they have not been already ordered.
The Clerk of the Supreme Court is directed to provide a copy of this Order to the Office of Appellate Defender, counsel of record and to Michael Dean Bergman.