*1 07/12/2023 IN THE SUPREME COURT OF THE STATE OF MONTANA

Case Number: DA 21-0435 DA 21-0435

_________________

STATE OF MONTANA,

Plaintiff and Appellee,

v. O R D E R DONALD RAY CHERRY,

Defendant and Appellant.

_________________ Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five-justice panel of this Court.

The Clerk is directed to provide a copy hereof to all counsel of record and to the Honorable Gregory R. Todd, District Judge.

For the Court, Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court July 12 2023