# D ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22-0651 DA 22-0678 DA 22-0679 DA 22-0680
STATE OF MONTANA,

Plaintiffand Appellee,

v. REX WILLIAMALLEN,

Defendant and Appellant: ORDER 

# FLED MAR 19 

# an Bowen Greenwood Clerk of Supreme Court State of Montana AppellantRexWilliamAllen,viacounsel,movesforanorderremandingthismatter to the Thirteenth Judicial District Court, Yellowstone County, and staying this appeal pending the District Court's ruling on Allen's pending motions to remove counsel and withdraw guilty pleas in that court. Appellee State of Montana does not oppose this motion. On August 31, 2022, the District Court held a sentencing hearing in which it imposed sentencesupon Allen for five separateproceedings. Allen subsequently appealed four ofthose convictionsto this Court:DA 22-0651, appealingDC 21-1392;DA 22-0678, appealingDC 21-1466; DA 22-0679, appealingDC 21-1604; and DA 22-0680, appealing DC 21-0189. In each case, Allen petitioned as a self-representative for leave to file an out-of-time appeal and requested counsel. This Court granted leave for out-of-time appeal in each case and appointed the Appellate DefenderDivision. Appellate counsel now advises this Court that Allen had petitioned to remove his appointed trial counsel and to withdrawhis guilty pleasprior to his sentencing hearing on August 31, 2022, but theDistrict Court proceeded with sentencing without addressinghis 03/20/2024

Case Number: DA 22-0651petitions. The written judgments in each case also did not mention Allen's pending

petitions. Allen subsequently applied for Sentence Review in these cases, but the Sentence ReviewDivision withdrew his applications due to thepending and unresolved petitions to
remove counsel and withdraw his pleas. Allen, representing himself, then filed amended motions to withdraw his guilty plea in each ofthese cases in the District Court. He later filed motions in theDistrict Court that requested new counsel in each case. Allen, via appointed appellate counsel, asks this Court to stay his pending appeals and remand each case to the District Court so thaf it may rule on hispending motions. He asserts that it is in the best interests ofjustice and efficiency forthis Court to remand these matters for this purpose, and he draws our aftention to other appeals in which we have similarly ruled. Therefore, in the interest ofjudicial economy and with good cause appearing, IT IS ORDERED the appeal in this matter is STAYED and the briefing schedule is vacated until the District Court issues a decision on Allen's pending motions. IT IS FURTHER ORDERED that this case is REMANDED to the Thirteenth Judicial District Court for the purpose ofruling on Allen'spending motions. IT IS FURTHER ORDERED that, upon remand, the District Court shall appoint Allen new counsel through the Office ofPublicDefender. IT IS FURTHER ORDERED that the District Court shall issue a written decision
on Allen's pending motions after the conclusion ofbriefing or following an evidentiary hearing, ifone is held. Ifthe District Court denies Allen's motions to withdraw his guilty pleas, if shall file a written decision to that effect and promptly supplement the record on appeal with such order. Ifthe District Court grants the motion, Allen, via counsel shall take appropriate action to resolve this appeal. The Clerk is directed to provide copies ofthis Order to all counsel ofrecord, to the Clerk of Court for Yellowstone County, and to the Honorable Ashley Harada, presiding District Judge.

2Dated this °I day ofMarch, 2024.

3 ChiefJustice



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Justices