State v. M. Ailer ( 2023 )

ORIGINAL 12/27/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 22-0347
DA 22-0347
STATE OF MONTANA,
Plaintiff and Appellee,
v. ORDER
MATTHEW RYAN AILER,
Defendant and Appellant. DEC 2 7 2023
Bowen Greerowood
urt
s tate or montane
On November 28, 2023, we issued an opinion in the above-entitled action, affirming
the District Court's dismissal of Ailer's criminal conviction after he completed his deferred
sentence without revocation. State v. Ailer, 2023 MT 231N. Ailer subsequently filed a
petition for rehearing.
M. R. App. P. 20(1)(a) provides that a petition for rehearing will be considered only
when the Court "overlooked some fact material to the decision," when "it overlooked some
question presented by counsel that would have proven decisive to the case," or when "its
decision conflicts with a statute or controlling decision not addressed" by the Court.
Having fully considered Ailer's petition, we conclude that rehearing is not warranted under
the standards of M. R. App. P. 20(1)(a).
Accordingly,
IT IS HEREBY ORDERED that the petition for rehearing is DENIED.
The Clerk of Court is directed to mail copies of this Order to Matthew Ryan Ailer
and all counsel of record
DATED this day of December, 2023.
/94
Jus ces
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