IN THE SUPREME COURT OF THE STATE OF MONTANA 

DA 22-0537 

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

ANTHONY CRAIG WEIMER, 

Defendant and Appellant. 

ORIGINAL 

01r 1DER 

NOV 0 1 21122 

Bowen 

C1,--.;+< of Greenwocc:r 

Supreme c)f "7,)ur-, 

Montana 

The State of Montana moves this Court for dismissal of this appeal because it is 

premature. Representing himself, Anthony Craig Weimer responds in opposition. Weimer 

has since moved this Court for an "Extension of Time to File Transcripts and Stay the 

Briefing Schedule Pending the State's Motion to Dismiss[.]" He notes that the State 

opposes the motion. 

The State requests dismissal of this appeal -\\ ithout prejudice. The State explains 

that while Weimer was convicted on August 24, 2022, by jury in the Flathead County 

District Court, he has not been sentenced. The State provides that after his conviction, the 

court ordered a presentence investigation report and set his sentencing hearing for 

October 17, 2022. The State puts forth that Weimer's appeal is premature because the 

court did not pronounce his sentence. See § 46-1-202(11), MCA; State v. Diesen, 1998 

MT 163, ¶¶ 3-4, 290 Mont. 55, 964 P.2d 712. The State points out Weimer instead filed 

his Notice of Appeal on September 19, 2022, prior to any sentencing, and the court has 

since vacated its sentencing hearing because of his appeal. The State concludes that he 

cannot waive subject matter jurisdiction and that without a final judgment of conviction, 

Weimer's appeal must be dismissed. M. R. App. P. 4(5)(b)(i). 

Weimer contends that -the district court cannot achieve correctional and sentencing 

policy." He requests that this Court deny the State's motion to dismiss and reverse his 

conviction. Weimer bases his requests on the supposition that the State did not object to 

his Notice of Appeal. 

11/01/2022

Case Number: DA 22-0537
Weimer misunderstands Montana law. This Court's rules and a Montana statute 

define an appeal in a criminal case. M. R. App. P. 4(5)(b)(i); § 46-20-104(1), MCA. "An 

appeal from a judgment entered pursuant to section 46-18-116 must be taken within 60 

days after entry of the judgment from which appeal is taken." M. R. App. P. 4(5)(b)(i). As 

the State correctly points out, this Court has no written judgment. This Court requires, for 

appellate review, the entire record, including the final judgment and sentencing transcript. 

We conclude that Weimer's appeal is not properly before this Court because it is 

premature. The court has not pronounced the sentence. Weimer's instant motion is, 

therefore, irnproper. Because Weimer sought an appeal prematurely, the District Court has 

not held a sentencing hearing to provide a transcript, as noted in his attached affidavit from 

the Court Reporter, and the record would be incomplete. His request for an extension of 

time as well as a stay have no basis in law. Weimer must wait for his sentencing hearing 

to occur and for the court's issuance of a final, written judgment. He then has 60 days 

within which to file an appeal with this Court. M. R. App. P. 4(5)(b)(i). Therefore, 

IT IS ORDERED that the State's Motion to Dismiss Appeal is GRANTED and that 

this appeal is DISMISSED without prejudice. 

The Clerk of the Supreme Court is directed to CLOSE this case as of this Order's 

date. The Clerk is further directed NOT to FILE any pleading by self-represented Anthony 

Weimer for this underlying criminal case until he provides a written, sentencing judgment 

with a Notice of Appeal in accordance with the Montana Rules of Appellate Procedure. 

The Clerk is also directed to provide this Order to counsel of record and to Anthony 

Craig Weimer personally. 

DATED this i — day- of November, 2022. 

Chief Justice 

2 
Justices 

3