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State v. McAdam

Supreme Court of Montana

September 17, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
TOBY C. McADAM, Defendant and Appellant.

ORDER

In June of 2013, counsel appointed to represent Toby C. McAdam in this appeal filed a motion and supporting brief asking to be allowed to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and § 46-8-103(2), MCA. On June 24, 2013, we invited McAdam to file a response to his counsel's motion and brief within 30 days. No response had been filed with the Clerk of this Court. On August 13, 2013, having independently reviewed the entire record on appeal, we issued an order granting counsel's motion to be allowed to withdraw, and dismissing this appeal. McAdam now has filed a "request to set aside order dated August 13, 2013, " which we have considered as a petition for rehearing pursuant to M. R. App. P. 20.

The Court having now considered the "request to set aside order dated August 13, 2013, "

IT IS ORDERED that McAdam's request to set aside our August 13 order dismissing this appeal is DENIED.

The Clerk is directed to provide copies of this order to all counsel of record.


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