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State v. Zavala

Supreme Court of Montana

December 17, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
GABRIEL J. ZAVALA, Defendant and Appellant.

ORDER

Gabriel J. Zavala (Zavala) seeks to file an out-of-time appeal. Zavala alleges that his counsel made judgmental statements to him and argues that these statements indicate that his counsel had a conflict of interest, Zavala also contends that he was punished for "exercising [his] rights."

He has provided a copy of the judgment and commitment from Lake County District Court dated June 24, 2009. The judgment indicates that he was convicted in a jury trial of felony criminal mischief, misdemeanor theft, and misdemeanor possession of burglary tools. Zavala was sentenced to prison as a persistent felony offender for a 20-year term, with 10 years suspended. He was also sentenced to six months in the Lake County Jail on each of the misdemeanor convictions, with all but 30 days suspended.

This Court may grant a petition for an out-of-time appeal only upon a showing of "extraordinary circumstances amounting to a gross miscarriage of justice." M. R. App. P. 4(6). Zavala has not made any showing that he has meritorious issues to raise on appeal. Further, he has not provided any justification for the four-year delay in seeking an appeal.

On the grounds presented here, we must deny this petition for failing 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 Zavala.


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