L. Daniels v. State ( 2020 )

ORIGINAL 06/29/2020
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 20-0274
DA 20-0274
LARRY B. DANIELS,
FILED
JUN 29 2020
Petitioner and Appellant,
Bowen Greenwood
Clerk of Supreme Court
O
v. R151 r cit"ontana
STATE OF MONTANA,
Respondent and Appellee.
Self-represented Appellant Larry B. Daniels has filed a "Motion to Stay this Appeal
Until the Record is Correct or For Retrial as the Appropriate Remedy Due to the
Unrecorded Oral Pronouncement ofSentence or Transcripts ofthis Matter,Not ofRecord."
In short, Daniels contends that the record on appeal is missing the transcripts, sentencing
judgment, and trial documents from his underlying criminal case.
We remind Daniels that he appeals the April 24, 2020 Order denying his petition
for postconviction relief, filed in the Carbon County District Court. Daniels has already
appealed his criminal conviction and sentence with this Court in 2010. State v. Daniels,
2011 MT 278, 362 Mont. 426, 265 P.3d 623. More importantly, the Clerk ofthe Supreme
Court has received the entire District Court record of eight filed documents and no
transcripts on June 27, 2020. M.R. App. P. 8 and 9. Daniels's request for a stay therefore
is inappropriate. We also observe that Daniels has not filed his opening briefthat was due
on June 26, 2020. Accordingly,
IT IS ORDERED that Daniels's "Motion to Stay this Appeal Until the Record is
Correct or For Retrial as the Appropriate Remedy Due to the Unrecorded Oral
Pronouncement of Sentence or Transcripts of this Matter, Not ofRecord" is DENIED and
DISMISSED.
IT IS FURTHER ORDERED that Daniels shall prepare, file, and serve his opening
brief in accordance with the Montana Rules of Appellate Procedure on or before July 27,
2020. If necessary, Daniels may move this Court for an extension of time to file his
opening brief.
The Clerk is directed to provide a copy of this Order to counsel of record and to
Larry B. Daniels along with a copy ofthis Court's Civil Appellate Handbook for reference
and assistance in his appeal.
DATED this 1 day of June, 2020.
For the Court,
Chief Justice
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