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Montagna v. State

Supreme Court of Montana

February 6, 2014

JESSE MONTAGNA, Petitioner and Appellant,
v.
STATE OF MONTANA, Respondent and Appellee.

ORDER

Appearing pro se, Appellant Jesse Montagna (Montagna) has moved for the appointment of counsel in this appeal. Montagna is appealing from a Powell County District Court order denying and dismissing his petition for relief from the duty to register as a violent offender. Montagna represented himself in the district court.

A person charged with a felony or a misdemeanor for which incarceration is a sentencing option is entitled to the appointment of counsel if he is financially unable to retain private counsel. Section 46-8-101(2), MCA. Counsel is required to represent such a defendant through final judgment and appeal. Section 46-8-103(1), MCA. There is otherwise no right to the appointment of counsel, though a court may order the assignment of counsel under the circumstances outlined in § 46-8-104, MCA. Montagna is appealing from an order denying his petition for relief from the duty to register as a violent offender. Because he has not been convicted of felony or misdemeanor failure to register, he is not entitled to the appointment of counsel. We further conclude that his request for counsel does not comport with the provisions of § 46-8-104, MCA. Therefore,

IT IS ORDERED that Montagna's motion for the appointment of counsel is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Jesse Montagna.


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