State v. K. Johnson

Opinion

j ORIGINAL 06/11/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0206

DA 23-0206 FI STATE OF MONTANA, JUN 1 1 2024 Bowen cireenwood Clerk of Supreme Court Plaintiff and Appellee, State of Montana

v. ORDER

KATHAN DEVERNON JOHNSON,

Defendant and Appellant.

Counsel for Appellant Kathan Devernon Johnson filed a motion 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. Califbrnia, 386 U.S. 738, 87 S. Ct. 1396 (1967). Johnson 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 have considered the arguments raised by counsel and by Johnson. We conclude that a nonfrivolous issue exists as to whether the District Court failed to give Johnson sufficient credit for elapsed "street" time or articulate its basis for denying such credit under § 46-18-203(7)(b), MCA. IT IS THEREFORE 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 of the date of this Order. The Clerk is directed to provide copies of this Order to all counsel of record and to Johnson personally. L.rn, DATED this I 1 day of June, 2024. Chief Justice

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