November 20, 2013
STATE OF MONTANA, Plaintiff and Appellee,
TWAIN NEWMAN AYERS, Defendant and Appellant.
Appellant Twain Newman Ayers (Ayers) has filed a motion for appointment of counsel. He states that he was convicted of a felony for which he has been incarcerated and that he believes that he is eligible financially for appointment of the Office of Appellate Defender to represent him.
We acknowledge that in a February 26, 2013 Order, we granted Ayers' habeas corpus relief in part by remanding to the District Court for resentencing. Ayers had received two separate sentences for felony Driving Under the Influence of Alcohol and a Persistent Felony Offender (PFO) enhancement. We concluded the PFO sentence should have replaced the sentence for the underlying DUI and therefore, the two the sentences were facially invalid and resentencing was the proper remedy. Or. Granting Writ of Habeas Corpus in part, Ayers v. Montana Seventh Jud Dist. Ct, No. OP 12-0763 (Seventh Jud. Dist. Ct. February 26, 2013).
On October 15, 2013, Ayers was represented by counsel who appeared with him from the Crossroads Correctional Center in Shelby, Montana in a resentencing hearing by way of Vision Net. Ayers was resentenced to the Department of Corrections for fifteen years with all but five years suspended.
It appears that Ayers is entitled to appointed counsel in this appeal.
IT IS ORDERED that the motion for appointment of counsel is GRANTED.
The Office of Appellate Defender (OAD) is granted 30 days from the date of this Order within which to determine whether Ayers qualifies for the appointment of counsel and to file either a notice of appearance or a motion to rescind this Order. In the event the Appellant qualifies for appointed counsel, the OAD shall immediately order transcripts if they have not been already ordered.
The Clerk of the Supreme Court is directed to provide a copy of this Order to the Office of Appellate Defender, counsel of record and to Twain Newman Ayers.