State v. M. Sotto ( 2023 )

"0. x nuni C 01/17/2023 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0024 DA 23-0024 FILED STATE OF MONTANA, JAN 1 7 2023 Bowen Ci ,, ,i2nyvuOCI : c f SL,prerrie Court Plaintiff and Appellee, Stale of fVlontans v. ORDER MATTHEW ANDREW SOTTO, Defendant and Appellant. Chad Wright, Appellate Defender, petitions for an out-of-time appeal for Matthew Andrew Sotto frorn the order entered on November 4, 2022, by the Eighth Judicial District Court, Cascade County, in Cause No. CDC 21-601. The Attorney General's Office does not object to this rnotion. Wright asserts that Sotto did not decide to appeal his conviction until near the end of the 60-day time period for filing notices of appeal. M. R. App. P. 4(5)(b). Sotto's trial attorney quickly referred Sotto's case to the Appellate Defender Division (ADD) but there was insufficient tirne for ADD to file the Notice of Appeal timely. Wright asserts that it would be unjust to deny Sotto the right to appeal in these circumstances. 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 Office of 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 cornpliance with the Montana Rules of Appellate Procedure. The Clerk is directed to provide copies of this Order to all counsel of record. DATED this t ay ofJanuary, 2023. Chief Justice Justices 2