State v. A. Weimer

7,-J     ORIGINAL                                                                                 06/01/2023


                   IN THE SUPREME COURT OF THE STATE OF MONTANA
                                                                                             Case Number: DA 23-0100

                                              DA 23-0100
                                                                                  FILED
        STATE OF MONTANA,                                                             JUN 01 2023
                                                                                  Bovven Greenwood
                                                                                                 Court
                                                                                Clerk of Supreme
                    Plaintiff and Appellee,                                        State of Montana



              v.                                                           ORDER

        ANTHONY CRAIG WEIMER,

                    Defendant and Appellant.



              Anthony Craig Weimer moves this Court for appointment of counsel and a sixty-
       day extension of time to file the opening brief. Weimer states that he is incarcerated, that
       he has no funds, and that he previously had a public defender to represent him in his
       underlying matter. This Court observes that Weimer's opening brief is due on June 19,
       2023, because the transcripts have been filed, as explained in this Court's prior Order.
              Weimer appeals a December 28, 2022 Amended Judgment and Sentence issued in
       the Eleventh Judicial District Court, Flathead County.        Weimer may be entitled to
       appointment of counsel in this appeal. Section 46-8-103(1), MCA. Therefore,
              IT IS ORDERED that Weimer's Motion for Appointment of Counsel is
       GRANTED. The Appellate Defender Division shall have thirty days from the date of this
       Order within which to file either a Notice of Appearance or a Motion to Rescind this Order
       appointing counsel.
             IT IS FURTHER ORDERED that the opening brief is DUE on or before Friday,
       August 18, 2023. Counsel for Weimer may seek additional extensions of time.
             The Clerk of the Supreme Court is directed to provide a copy of this Order to: the
       Appellate Defender Division, counsel of record, and Anthony Craig Weimer personally.
             DATED this I             ofJune, 2023.
                                                        For the Court,



                                                                      Chief Justice