State v. T. French ( 2020 )

05/05/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0239 DA 20-0239 FILED STATE OF MONTANA, MAY 0 5 2020 Plaintiff and Appellee, Bowen Greenwood Clerk of Supreme Court State of Montana v. ORDER THOMAS FRENCH, Defendant and Appellant. Thomas French has filed a request for an out-of-time appeal stating that he requested his counsel to file an appeal on his behalf and that his attorney failed to do so. French adds, that upon further research, he has found that "the Alford plea taken in this case has an express statutory prohibition . .., so the plea must be withdrawn." French does not state what the offense was. French has not provided a verified petition or any supporting documentation. M.R. App. P. 4(6) provides that this Court may grant an out-of-time appeal "Mil the infrequent harsh case and under extraordinary circumstances amount to a gross miscarriage of justicell" M. R. App. P. 4(6) also states that: "An out-of-time appeal must be requested by verified petition supported by affidavits, records, and other evidence establishing the existence of the extraordinary circumstances claimed." French has not done so. He has not included a copy ofany criminaljudgment or any further information to assist this Court in considering his petition for out-of-time appeal. Denial of his petition will not impose a gross miscarriage ofjustice. French may be able to file a motion to withdraw his guilty plea in the sentencing court. Therefore, IT IS ORDERED that French's Petition for an Out-of-Time Appeal is DENIED. The Clerk is also directed to provide a copy of this Order to counsel of record and to Thomas French personally. , DATED this "day of May,2020. (4% 2