State v. D. Cord ( 2020 )

R.,_"AL 05/08/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0259 DA 20-0259 FILED STATE OF MONTANA, MAY 0 8 2020 Bowen Greenwooa Plaintiff and Appellee, Clerk of Suprerne Coun State of Montana v. ORDER DAVID JOSEPH CORD, Defendant and Appellant. As a self-represented litigant, David Joseph Cord filed a Notice of Appeal with this Court on May 7, 2020, after initially filing it in the Fifteenth Judicial District Court, Roosevelt County. He has also filed a "Motion to Waive Fees and Appointment of the Appellate Defender." As grounds, Cord states that he is incarcerated and that he is unable to afford counsel to represent him. We observe that he also filed a Notice of Transcripts Deemed Necessary for Appeal. This Court secured a copy ofthe District Court's February 28, 2020 final judgment in Cause No. DC-18-37. Cord appeals a Judgment and Sentence, where the District Court sentenced Cord to the Department of Corrections for forty years with thirty-five years suspended for felony sexual assault following a jury trial. Cord was represented by counsel. Cord has a recent felony conviction, and he may be entitled to appointment of counsel in this appeal. Section 46-8-103(1), MCA. Therefore, IT IS ORDERED that Cord's Motion for Appointment of Counsel is GRANTED. The Appellate Defender Division shall have thirty days from the date of this Order within which to file either a Notice of Appearance or a Motion to Rescind this Order appointing counsel. In the event the Appellant qualifies for appointed counsel, the Appellate Defender Division shall immediately order transcripts. The Clerk of the Supreme Court is directed to provide a copy of this Order to the Appellate Defender Division, to counsel ofrecord, and to David Joseph Cord personally. DATED this day of May,2020. For the Court, Chief Justice 2