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State v. Lyle

Supreme Court of Montana

March 4, 2014

STATE OF MONTANA, Plaintiff and Appellee,
v.
JOSHUA S. LYLE, Defendant and Appellant.

ORDER

Counsel for Defendant and Appellant Joshua Lyle 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. Lyle filed a response to his counsel's motion and brief.

The Court has now independently examined the record pursuant to Anders. Some of the issues Lyle raises in his response are not issues that could be raised on direct appeal, but only in a petition for postconviction relief 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 Joshua Lyle personally.


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