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State v. Keller

Supreme Court of Montana

March 3, 2014

STATE OF MONTANA, Plaintiff and Appellee,
v.
JERRY LEE KELLER, Defendant and Appellant.

ORDER

Appearing Pro se, on February 21, 2014, Jerry Lee Keller (Keller) filed a Petition for an Out-of-Time Appeal. The Ravalli County District Court denied Keller's "Motion to Ammend (sic) Sentence, " by writing "Denied, " and signing and dating the notation on the motion on January 30, 2014. We conclude that this appeal is timely. Therefore, IT IS ORDERED that the Petition for an Out-of-Time Appeal is DENIED.

Having reviewed and considered the petition and exhibits in the aggregate, we deem the filing an original petition for a writ of habeas corpus. We conclude that a response from the Department of Corrections would be beneficial in resolving this matter. Therefore, IT IS FURTHER ORDERED that the Department of Corrections is granted 30 days from the date of this Order within which to prepare, file and serve a written response to the petition, with documentary exhibits and a legal memorandum.

The Clerk is directed to provide a copy of this Order to counsel of record, the Department of Corrections and to Jerry Lee Keller.


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