November 26, 2013
STATE OF MONTANA, Plaintiff and Appellee,
TIMOTHY GENE QUIGG, Defendant and Appellant.
Timothy Gene Quigg (Quigg) has filed a petition for an out-of-time appeal. Quigg was convicted in Yellowstone County District Court in November of 2010 of excess alcohol concentration, fourth or subsequent offense. Quigg was committed to the Department of Corrections (DOC) for five-years and the court imposed a $5, 580 fine.
Quigg maintains that another prisoner at Montana State Prison informed him that he would take care of filing the "Notice, " and that Quigg paid him to do so, but the inmate filed only a "Notice to District Court." Quigg claims here that he did not receive a fair hearing in District Court to determine his ability to pay the fine.
Included with the petition as Exhibit "A" is an order denying defendant's petition for remission of fines/costs issued on December 5, 2011. Therein, the District Court made extensive findings concerning Quigg's ability to pay the fine and considered his ability to pay based upon potential placements within DOC's discretion. The court confirmed that five years provided a reasonable amount of time to pay the fine.
Quigg has failed to present a sufficient justification for belatedly seeking an out-of-time appeal. His explanation does not rise to the level of "extraordinary circumstances amounting to a gross miscarriage of justice" as M. R. App. P. 4(6) requires. The District Court made extensive findings regarding Quigg's ability to pay the fine in its order on Quigg's petition for remission of fines and costs. Consequently, Quigg has not made any showing that he has any meritorious issue to raise on appeal.
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 Timothy Gene Quigg.