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State v. Leikam

Supreme Court of Montana

August 28, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
NATHAN ALLEN LEIKAM, Defendant and Appellant.

ORDER

Appellant Nathan Allen Leikam (Leikam) has moved for the appointment of counsel on appeal Leikam is appealing from an order entered by the Yellowstone County District Court on April 22, 2013 that denied his motion to review and amend his sentence. In denying the motion, the District Court indicated it could not precisely discern Leikam's argument, but "[w]hether Leikam filed the immediate motion to contest what he believes is an illegal sentence or to contest what he believes is an unjust sentence, this Court is not the appropriate forum." Noting that Leikam had failed to object to the sentence when it was imposed, appeal from the original judgment, or seek sentence review, the District Court denied the motion.

Upon review, we observe that the Notice of Appeal was not timely filed. The order from which Leikam seeks to appeal was entered on April 22, 2013. The 60-day appeal time expired on June 21, but the Notice of Appeal was not filed until June 25. M. R. App. P. 4(5)(b)(i). We are moved sua sponte to dismiss this appeal as untimely. Leikam may be eligible for habeas corpus or other postconviction relief

IT IS HEREBY ORDERED that this appeal is DISMISSED, with prejudice.

Since we have concluded that dismissal of this appeal is appropriate, we decline to address the motion for appointment of counsel. The Clerk is directed to provide a copy hereof to counsel of record and to Nathan Allen Leikam.


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