IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22-0537
STATE OF MONTANA,

Plaintiffand Appellee,

v. ANTHONY CRAIG WEIMER,

Defendant and Appellant. 

# ORIGINAL 01 r 1DER


### NOV 0 1 21122 Bowen Greenwocc:r C1,--.;+< of Supreme "7,)ur-,

c)f Montana The State of Montana moves this Court for dismissal of this appeal because it is premature. Representinghimself,Anthony CraigWeimerrespondsin 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 ofthis 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 ofAppeal 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 matterjurisdiction and that without a finaljudgment ofconviction, 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 ofAppeal. 11/01/2022

Case Number: DA 22-0537Weimer 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 ofthejudgment from which appeal is taken." M.R.App.P.4(5)(b)(i). As the State correctly points out, this Court has no writtenjudgment. This Court requires, for appellate review, the entire record, including the finaljudgment and sentencingtranscript. 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 Weimersought an appeal prematurely,the DistrictCourt has not held a sentencinghearingtoprovide a transcript, asnoted in hisattached 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, ITIS ORDERED that the State's Motion to DismissAppeal is GRANTED and that this appeal isDISMISSED without prejudice. The Clerk ofthe Supreme Court is directed to CLOSE this case as ofthis Order's date. The Clerk is furtherdirectedNOT toFILE any pleadingby self-represented Anthony Weimer for this underlying criminal case until he provides a written, sentencingjudgment with a Notice ofAppeal in accordance with the Montana Rules ofAppellate Procedure. The Clerk is also directed toprovidethis Orderto counsel ofrecord and to Anthony Craig Weimer personally. DATED this i — day

- ofNovember, 2022.

ChiefJustice

2Justices

3