Opinion
DA 23-0528
09-26-2023
STATE OF MONTANA, Plaintiff and Appellee, v. ROBERT DAN FRENCH, Defendant and Appellant.
ORDER
Upon consideration of Appellant's unopposed Motion to Stay Appeal and Remand to the District Court, with good cause appearing, the Court enters the following:
IT IS ORDERED that the appeal in this matter is STAYED and the briefing schedule is vacated until the District Court issues a decision on the Defendant's pending Motion for a New Trial.
IT IS FURTHER ORDERED that the District Court shall issue a written decision on the Defendant's pending Motion for New Trial and for Hearing after the conclusion of briefing or following an evidentiary hearing, if one is held.
If the District Court denies the motion for a new trial, it shall file a written decision to that effect and promptly transmit the District Court record to this Court, Cause No. DA 23-0528. Upon receiving the record, the stay will be lifted and the Appellant's brief will be due in 30 days.
If the District Court grants the motion for a new trial, the Appellant will take appropriate action to resolve the stayed appeal. Nothing in this Order shall be construed to limit the right of the State, under the law governing the State's appeal rights, to file a notice of appeal from a decision granting the motion for a new trial or other relief.