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, 

Plaintiff and Appellee, 

v. 

REX WILLIAM ALLEN, 

Defendant and Appellant: 

ORDER 

FLED 

MAR 19 an 

Bowen Greenwood 

Clerk of Supreme Court 

State of Montana 

Appellant Rex William Allen, via counsel, moves for an order remanding this matter 

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 sentences upon Allen for five separate proceedings. Allen subsequently appealed 

four of those convictions to this Court: DA 22-0651, appealing DC 21-1392; DA 22-0678, 

appealing DC 21-1466; DA 22-0679, appealing DC 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 Defender Division. 

Appellate counsel now advises this Court that Allen had petitioned to remove his 

appointed trial counsel and to withdraw his guilty pleas prior to his sentencing hearing on 

August 31, 2022, but the District Court proceeded with sentencing without addressing his 

03/20/2024

Case Number: DA 22-0651
petitions. 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 

Review Division withdrew his applications due to the pending and unresolved petitions to 

remove counsel and withdraw his pleas. Allen, representing himself, then filed amended 

motions to withdraw his guilty plea in each of these cases in the District Court. He later 

filed motions in the District 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 his pending motions. He 

asserts that it is in the best interests of justice and efficiency for this 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 of judicial 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 of ruling on Allen's pending motions. 

IT IS FURTHER ORDERED that, upon remand, the District Court shall appoint 

Allen new counsel through the Office of Public Defender. 

IT IS FURTHER ORDERED that the District Court shall issue a written decision 

on Allen's pending motions after the conclusion of briefing or following an evidentiary 

hearing, if one is held. If the 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. If the District Court grants the motion, Allen, via counsel shall 

take appropriate action to resolve this appeal. 

The Clerk is directed to provide copies of this Order to all counsel of record, to the 

Clerk of Court for Yellowstone County, and to the Honorable Ashley Harada, presiding 

District Judge. 

2 
Dated this °I day of March, 2024. 

3 

Chief Justice 

ge.14.s 0'4 seNe--. 

Justices