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State v. Sharp

Supreme Court of Montana

September 25, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
DARRELL DEAN SHARP, Defendant and Appellant.

ORDER

Darrell Dean Sharp (Sharp) has filed a Petition for an Out-of-Time Appeal.

In August of 2010, Sharp was convicted and sentenced for three felonies in Toole County: Aggravated Assault (20 years, with 10 suspended), Criminal Endangerment (consecutive 10 years, with five suspended) and Assault on a Peace Officer (consecutive 10 years, with five suspended).

Sharp states that his public defender did not make him aware of the 60-day deadline to file an appeal, and his attorney did not file an appeal for him. He was merely given papers to file for sentence review. He was then on "fish row" at the prison for 60 days. Sharp indicates that he has recently discovered evidence that should result in a "dismissal on my sentence." Further, he maintains that his plea agreement and sentence are illegal, and that many errors transpired in his prosecution, from denial of due process of law to failure to adhere to State procedure and statutes.

Sharp bears the burden of establishing "extraordinary circumstances amounting to a gross injustice." M. R. App. P. 4(6). We conclude his petition has failed to do so. It has been almost three years since he was sentenced. Therefore, this petition must be denied.

Sharp has also filed a Motion for the Appointment of Counsel. Given the result we reach here, we decline to consider the motion.

IT IS HEREBY ORDERED that the Petition for an Out-of-Time Appeal is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Darrell Dean Sharp.


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