State v. L. Christopher ( 2023 )

ORIUSAL 03/14/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0148
DA 23-0148
STATE OF MONTANA,
rri_ED
MAR 14 2023
Bow ce. n C3rc3enwood
Plaintiff and Appellee, Clerk St.preme Court
sti,..re of Montana
v. ORDER
LOGAN DALLAS CHRISTOPHER,
Defendant and Appellant.
Logan Dallas Christopher has filed a verified Petition for an Out-of-Time Appeal
and i nclud es a copy of the sentencing judgment.
Christopher indicates that he discussed fi 1 i ng a timely appeal with his attorney, but
that his attorney failed to file it for him. Referencing Strickland v. Washington, Christopher
puts forth that his criminal matter seems rushed because he only spent 127 days in jail "on
a h i gh Hprofile case before [he] was sentenced." He states that his attorney did not advise
h i ni -on different avenues for a defense[,] such as mental health and state of mind because
of [his] use of drugs[.]" He contends that his counsel used "scare tactics because of the
severity of [his] crirne . . ." and that he "never saw or discussed the discovery of the case
with [his] Attorney . . . ."
On July 15, 2020, the Ravalli County District Court accepted the written plea
agreement, sentencing Christopher for five felony convictions. The District Court
sentenced Christopher to prison for three concurrent, life terms for two counts of deliberate
homicide and one count of atternpted deliberate hornicide. The court also irnposed a
consecutive, suspended ten-year term for criminal endangerment as well as a consecutive,
unsuspended ten-year term for criminal possession with intent to distribute.
M. R. App. P. 4(6) allows this Court to grant an out-of-tirne appeal "[i]n the
infrequent harsh case and under extraordinary circumstances amounting to a gross
miscarriage of justice[.]" "Extraordinary circuinstances do not includc mere mistake,
inadvertence, or excusable neglect." M. R. App. P. 4(6).
Upon review, this Court concludes that extraordinary circumstances do not exist.
Christopher seeks relief more than two and a half years after sentencing, and he does not
provide any reason for delay. Contrary to his assertions, Christopher most likely received
the benefit of the bargain. Christopher entered a plea agreement prior to sentencing, and
that agreement yielded a total sentence of 120 years instead of 320 years, if all sentences
were to run consecutively. This Court has repeatedly stated: " [A] defendant waives the
right to appeal all non-jurisdictional defects upon voluntarily and knowingly entering a
guilty plea, including claims of constitutional violations which may have occurred prior to
the plea." State v. Pavey, 2010 MT 104, ¶ 11, 356 Mont. 248, 231 P.3d 1104 (quoting
State v. Violette, 2009 MT 19, ¶ 16, 349 Mont. 81, 201 P.3d 804.). Christopher has not
shown that he retained any right of appeal in his written plea agreement. Christopher has
not shown he is entitled to an out-of-time appeal, and denial of his Petition will not amount
to a gross injustice. Therefore,
IT IS ORDERED that Christopher's Petition for an Out-of-Time Appeal is DENIED
and DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel
of record and to Logan Dallas Christopher personally.
DATED this 1 ay of March, 2023.
,,01////, Chief Justice
L.17./24
(94 /r1 JUL
3