State v. A. Ruff

Opinion

12/22/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0167

DA 19-0167

FILED

STATE OF MONTANA, DEC 2 2 2020 Bowen Greenwood

Plaintiff and Appellee, Clerk of Supreme Court Start. nt Montana

v. ORDER

ALAN TODD RUFF,

Defendant and Appellant.

Counsel for the Appellant Alan Todd Ruff filed a rnotion and brief asking to be allowed to withdraw from this appeal on grounds that counsel has been unable to find any nonfrivolous issues to raise on appeal, pursuant to § 46-8-103(2), MCA, and Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Ruff responded to counsel's brief and objected to counsel's motion.

The Court has now independently examined the record pursuant to § 46-8-103(2), MCA, and Anders. We conclude a nonfrivolous issue exists as to whether the District Court imposed an illegal sentence by imposing certain probation conditions that lack a nexus with the underlying offense or to the offender.

Therefore, IT IS ORDERED that counsel's motion to be allowed to withdraw is DENIED. IT IS FURTHER ORDERED that Appellant's opening brief shall be due within thirty days ofthe date ofthis Order.

The Clerk is directed to provide copies ofthis Order to all counsel of record and to the appellant personally.

Q.)

DATED thiszz--day of December,2020.

Chief Justice

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