November 26, 2013
STATE OF MONTANA, Plaintiff and Appellee,
JOSHUA S. LYLE, Defendant and Appellant.
Counsel for Defendant and Appellant Joshua Lyle filed a motion and brief asking to be allowed to withdraw from this appeal on grounds that he has been unable to find any nonfrivolous issues to raise on appeal, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and § 46-8-103(2), MCA. The Court granted Lyle time to respond personally to his counsel's motion, but Lyle did not file a response within the time allowed.
The Court has now independently examined the record pursuant to Anders. We conclude an appeal in this case would be wholly frivolous.
IT IS ORDERED that counsel's motion to be allowed to withdraw from this appeal is GRANTED and this appeal is DISMISSED.
The Clerk is directed to provide copies of this Order to all counsel of record and to Joshua Lyle, personally.