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State v. Webb

Supreme Court of Montana
Jul 9, 2024
DA 22-0542 (Mont. Jul. 9, 2024)

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.


Summaries of

State v. Webb

Supreme Court of Montana
Jul 9, 2024
DA 22-0542 (Mont. Jul. 9, 2024)
Case details for

State v. Webb

Case Details

Full title:STATE OF MONTANA, Plaintiff and Appellee, v. FRANK WEBB, Defendant and…

Court:Supreme Court of Montana

Date published: Jul 9, 2024

Citations

DA 22-0542 (Mont. Jul. 9, 2024)