Opinion
DA 22-0542
07-09-2024
STATE OF MONTANA, Plaintiff and Appellee, v. FRANK WEBB, Defendant and Appellant.
ORDER
Mike McGrath, Chief Justice.
Rufus I. Peace, counsel for Defendant and Appellant Frank Webb has moved to dismiss this appeal. He asserts that he has not identified "any appealable issues with a reasonable likelihood of success on direct appeal," and that Webb agrees to dismiss the appeal because he wishes to proceed with a petition for postconviction relief. However, Peace further alleges that he provided Webb with a formal waiver that Webb has not returned.
Under M. R. App. P. 16(4), except for an Anders motion pursuant to § 46-8-103(2), MCA, a party's motion to voluntarily dismiss their appeal must be signed by both the moving party and their counsel. Although Peace asserts an Anders-like basis for not moving forward with this appeal, he has not complied with § 46-8-103(2), MCA. Furthermore, Webb has not signed the motion to dismiss.
As such, this Court denies the motion because it lacks Webb's requisite personal signature as a motion to voluntarily dismiss under M. R. App. P. 16(4). Counsel may choose to file a renewed motion for dismissal that complies with M. R. App. P. 16(4) or may file a motion and brief in compliance with § 46-8-103(2), MCA.
IT IS THEREFORE ORDERED that the motion to dismiss is DENIED.
The Clerk is directed to provide a copy of this Order to all counsel of record and to Webb personally.