State v. S. Mann

Opinion

ORIGINAL 07/18/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0380

DA 23-0380 FILED STATE OF MONTANA, JUL 1 8 2023 Bowen Greenwood Clerk of Suprerne Court Plaintiff and Appellee, st„, r)f- oalontans

v. ORDER

SERENITY ALANA MANN,

Defendant and Appellant.

Chad Wright, Appellate Defender, petitions for an out-of-time appeal for Serenity Alana Mann from the order entered on April 4, 2023, by the First Judicial District Court, Lewis and Clark County, in Cause No. DDC-21-552. The Attorney General's Office does not object to this motion.

Wright asserts that Mann's trial counsel was not served with the written judgment until June 13, 2023, which was after the 60-day deadline for filing a Notice of Appeal in this Court had passed.

Wright argues that it would be unjust to deny Mann the right to appeal when the untimeliness of the Notice of Appeal was caused by circumstances beyond Mann's control.

We grant out-of-time appeals under M. R. App. P. 4(6) when an appellant establishes the existence of "extraordinary circumstances amounting to a gross miscarriage of justice," which would exist if we were to deny the petition here.

IT IS THEREFORE ORDERED that the petition for an out-of-time appeal is GRANTED.

IT IS FURTHER ORDERED that the Appellate Defender shall have 30 days from the date of this Order within which to prepare, file, and serve a Notice of Appeal and a Request for Transcripts, if necessary, in compliance with the Montana Rules of Appellate Procedure.

The Clerk is directed to provide copies of this Order to all counsel of record. DATED this I g day ofJuly, 2023.

.94 04 ,4.11,

Justices