() ‘")11 A 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

WESLEY W. CHARLO, 

Petitioner, 

v. 

OP 21-0553 

T.J. MCDERMOTT, Sheriff, 

MISSOULA COUNTY DETENTION CENTER, 

Respondents. 

FiLED 

FEB 1 5 2022 

Bowun eaerrwood 

Clerk of Supreme Court 

State of Montana 

ORDER 

Self-represented Petitioner Wesley W. Charlo has filed a Petition for Writ of Habeas 

Corpus, putting forth that "he is being unlawfully deprived of his liberty." The State has 

filed a Motion to Dismiss, explaining that Charlo's challenge goes to his conviction and is 

now moot. 

Both Charlo and the State provide Charlo's criminal background, which we 

summarize. In May 1997, after being convicted of felony assault in the Lake County 

District Court, Charlo received a three-year deferred sentence. The District Court required 

him to register as a violent offender for ten years, or until May 2007. In 2012, the State 

and Charlo entered into a plea agreement, whereby Charlo pleaded guilty to the offense of 

failure to register. The court accepted Charlo's guilty plea. Charlo did not appeal. In July 

2021, Charlo filed a petition for postconviction relief in the District Court. He later moved 

to vacate his 2012 conviction for failure to register. The court dismissed the petition. 

Charlo states that his first two felonies are fourteen years apart. He contends that 

he should not have received a 2012 conviction for failure to register as a violent offender, 

pursuant to State v. Sedler, 2020 MT 246, 401 Mont. 437, 473 P.3d 406. See also § 46-23-

506(2)(b), MCA (1995). He references several statutes concerning the registration 

requirement and contends that his conviction should not have occurred. Charlo concludes 

that his 2012 conviction is void. 

02/15/2022

Case Number: OP 21-0553
In its Motion, the State explains that Charlo filed his instant Petition prior to the 

District Court's "Order Vacating [Conviction] and Sentence." The State submits that in 

January 2022, the court vacated Charlo's 2012 conviction and ordered that all documents 

related to the conviction be expunged, pursuant to § 46-23-507(2)(a), MCA. The State 

points out that Charlo has received his requested remedy in the District Court. The State 

concludes that dismissal is warranted because it is moot. Skinner Enters. v. Lewis and 

Clark City-County Health Dep't., 1999 MT 106, ¶ 12, 294 Mont. 310, 980 P.3d 1049. 

Charlo responds and requests his immediate release. He states that his most recent 

criminal causes, arising in 2019 and 2020, "must be expunged or also dismissed with 

prejudice[.]" 

Montana's statute for habeas corpus relief provides that a court may inquire into the 

cause of restraint or incarceration. Section 46-22-101(1), MCA. "The writ of habeas 

corpus is designed to correct such flaws and to remedy 'extreme malfunctions in the state 

criminal justice systems.'" Lott v. State, 2006 MT 279, If 20, 334 Mont. 270, 150 P.3d 337 

(citation omitted). Acknowledging that the District Court has corrected its error, we find 

the State's motion dispositive concerning Charlo's claim for relief. We decline to address 

any new claims about his most recent offenses when Charlo may seek relief in the District 

Court or petition this Court for relief in a separate proceeding. M. R. App. P. 14(2). Charlo 

is not entitled to his immediate release. Therefore, 

IT IS ORDERED that Charlo's Petition for Writ of Habeas Corpus is DISMISSED. 

The Clerk is directed to provide a copy of this Order to counsel of record and to 

Wesley W. Charlo personally. 

'1-A, 

DATED this i 6 - day of February, 2022. 

Chief Justice 

(94 in -44, 

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Justices 

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