February 18, 2014
STATE OF MONTANA, Plaintiff and Appellee,
JEFFERY RICHARD MIZERSKI, Defendant and Appellant.
Counsel for Defendant and Appellant Jeffrey Richard Mizerski 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 Mizerski time to respond personally to his counsel's motion, but Mizerski 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.
THEREFORE, 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 Jeffrey Richard Mizerski personally.