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State v. Potter

Supreme Court of Montana

July 24, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
ALLEN JAMES POTTER, Defendant and Appellant.

ORDER

Counsel for Defendant Allen James Potter has filed a Petition for Out-of-Time Appeal. In his supporting affidavit, counsel avers that he represented Potter in a resentencing ordered by this Court on May 2, 2013, and that he knew Potter wanted to appeal from the sentence issued that day by the District Court; however, he was awaiting the written judgment before filing his notice of appeal. Belatedly, counsel learned that judgment had actually been entered by the court on May 8, 2013. He did not receive a copy of the judgment until July 11, 2013. Counsel therefore avers that the failure to file a timely notice of appeal was not the fault of Potter, and requests leave to file an out-of-time appeal pursuant to M. R. App. P. 4(6). Good cause appearing,

IT IS HEREBY ORDERED that the Petition for Out-of-Time Appeal is GRANTED. The notice of appeal shall be filed with the Clerk of this Court on or before Friday, August 2, 2013.

The Clerk of this Court is directed to provide notice hereof to all counsel of record.


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