Opinion
DA 22-0378
07-19-2022
STATE OF MONTANA, Plaintiff and Appellee, v. RALPH DEAVILA, Defendant and Appellant.
ORDER
Appellate Defender Chad Wright has asked this Court to permit an out-of-time appeal for Appellant Ralph Deavila from an Order entered March 17, 2022, by the Thirteenth Judicial District Court, Yellowstone County, in Cause No. DC-20-1575. The Attorney General's Office does not object to this petition.
Wright asserts that trial counsel, because of changes in management software, was not notified of the Order's entry and failed to make a timely appeal.
Since this appeal is untimely under M. R. App. P. 4(5), Deavila moves this Court for leave to pursue an out-of-time appeal. We grant out-of-time appeals under M. R. App. P. 4(6) when an appellant establishes the existence of "extraordinary circumstances amounting to a gross miscarriage of justice." Wright argues that such would occur here if Deavila were denied the right to appeal based on technical difficulties with changes in management software. We agree.
Therefore, IT IS ORDERED that the petition for an out-of-time appeal is GRANTED.
IT IS FURTHER ORDERED that Appellant shall have ten days from the date of this Order within which to prepare, file, and serve a Notice of Appeal and a Request for Transcripts in compliance with the Montana Rules of Appellate Procedure.
The Clerk is directed to provide copies of this Order to all counsel of record.