State v. Pageler ( 2022 )

L-_,) ORIGINAL 08/23/2022 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0435 DA 22-0435 STATE OF MONTANA, AUG 2 3 2022 Bowen Ur eenwoocI Clerk of Supreme Court Plaintiff and Appellee, State of Montana v. ORDER JAY PAGELER, Defendant and Appellant. Jay Pageler has filed a Petition for an Out-of-Time Appeal from his April 2021 judgment and sentence. On April 13, 2021, the Eighteenth Judicial District Court, Gallatin County, sentenced Pageler to the Department of Corrections for a fifteen-year, suspended term, for felony robbery. Pageler also received a concurrent, suspended term of twelve months in jail for misdemeanor fleeing or eluding a peace officer. The District Court awarded Pageler 223 days of credit for time served, and the court designated him a violent offender. Pageler is not incarcerated, and is serving his probationary term in Idaho. Pageler states only that he has obtained two new mental health evaluations, diagnosing him with autism and severe post-traumatic stress disorder (PTSD), but offers no connection of this to, or other explanation for, the failure to file a notice of appeal. M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice[.]" "Extraordinary circumstances do not include mere mistake, inadvertence, or excusable neglect." M. R. App. P. 4(6). We conclude Pageler has not demonstrated extraordinary circumstances, amounting to a gross miscarriage of justice, that would entitle him to an out-of-time appeal under the Rules of Appellate Procedure. Accordingly, IT IS ORDERED that Pageler's Petition for an Out-of-Time Appeal is DENIED and DISMISSED. The Clerk is directed to provide a copy of this Order to Bjorn E. Boyer, Gallatin County Deputy Attorney: to Austin Knudsen. Attorney General, along with a copy of Pageler's Petition; and to Jav Pageler personally. DATED this —day of August, 2022. Justices