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State v. Spinks

Supreme Court of Montana

December 31, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
BRIAN JOSEPH SPINKS, Defendant and Appellant.

ORDER

Appellant's amended opening brief was filed with this Court on December 31, 2013. Pursuant to M. R. App. P. 12(l)(h), the appellant's brief shall include the decision from which the appeal is taken together with any written memorandum or rationale of the court. Appellant's brief filed herein does not contain the document from which the appeal is taken.

Additionally, M. R. App. P. 10(2) requires that in criminal cases appealed by the defendant, all briefs, motions, and other papers, not including transcripts, shall be served on both the County Attorney and the Attorney General. Appellant's Certificate of Service does not indicate that his brief was served on the County Attorney.

Accordingly,

IT IS HEREBY ORDERED that, within ten days of the date of this Order, a copy of the judgment or order from which Appellant is appealing must be filed by Appellant with the Clerk of the Supreme Court, as well as copies mailed to all counsel of record.

IT IS FURTHER ORDERED that a certificate of service must be filed showing the date the order or judgment was mailed and to whom it was mailed.

IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall continue to run from the date of filing of the Appellant's brief on December 31, 2013.

The Clerk of the Supreme Court is directed to mail a true copy of this Order to all counsel of record.


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