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State v. Anderson

Supreme Court of Montana

November 19, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
MICHAEL HENRY ANDERSON, Defendant and Appellant.

ORDER

Michael Henry Anderson (Anderson) seeks an out-of-time appeal from a November 2008 conviction and sentence for sexual intercourse without consent in Missoula County District Court, The court imposed a 40 year sentence with 20 years suspended.

As grounds for the out-of-time appeal, Anderson claims that the prosecutor coerced him into foregoing a trial and that his counsel failed to provide him with a copy of the presentence investigative report. Anderson also alleges that the court imposed the prison sentence without asking him if would like to go to trial. He also claims that the prosecutor told him he had no grounds for a trial.

Based upon the allegations made here, Anderson has not made any showing that he has any meritorious issues to raise on appeal. Further, Anderson has failed to explain how his five-year delay in seeking an out-of-time appeal rises to the level of "extraordinary circumstances amounting to a gross miscarriage of justice" as required in M. R. App. P. 4(6).

On the grounds presented here, we must deny this petition for failure to satisfy the requirements of M. R. App. P. 4(6).

IT IS 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 Michael Henry Anderson.


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