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Shepherd v. State

Supreme Court of Montana

August 12, 2013

ROBERT A. SHEPHERD, Petitioner and Appellant,
v.
STATE OF MONTANA, Respondent and Appellee.

Appellant Robert A. Shepherd (Shepherd) has moved to proceed on appeal without paying the filing fee. Shepherd states that he is incarcerated and that due to his financial condition, he is unable to pay the filing fee.

Good cause appearing,

IT IS ORDERED that leave to proceed without paying the filing fee is GRANTED.

Shepherd has also moved for the appointment of counsel in this appeal. In support of his request, he states that he is unable to afford legal counsel, that the issues involved are complex, and that he has a limited knowledge of law. Having reviewed the file, we observe that Shepherd is appealing from an order denying his motion to withdraw his plea of nolo contendere. Shepherd was sentenced on November 19, 2010, and the written Judgment was issued on November 23, 2010. In a May 17, 2013 District Court order, the District Court denied Shepherd's motion to withdraw the plea as untimely for Shepherd's failure to file it within one year of entry of the judgment, per § 46-16-105, MCA.

Having considered the motion for appointment of counsel, we conclude that while it may be true that Shepherd lacks the financial resources to retain counsel and that he has limited legal knowledge, the only issue that might be addressed on appeal is whether the District Court erred in dismissing the motion as untimely. This issue is not complex.

Therefore,

IT IS ORDERED that the Motion for Appointment of Counsel is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Robert A. Shepherd.


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