# uhIGINAI,

IN THE SUPREME COURT OF THE STATE OF MONTANA OP 24-0491
HARLAN GERALD VASKA,

Petitioner,

v. D.J. GODFREY, WARDEN, CROSSROADS CORRECTIONAL CENTER,

Respondent. ORDER

Harlan Gerald Vaska petitions this Court for habeas corpus relief, requesting his immediate release from prison. Vaska is beingheld in the Crossroads Correctional Center in Shelby, Montana, and we amend the caption to include the current Warden's name. Section 46-22-201(1)(c), MCA. This Court is familiar with some of Vaska's sentencing history. In 2018, he challenged a December 2011 hearing in the Twentieth Judicial District Court, Lake County, in a petition for habeas corpus relief. Vaska v. McTighe, No. OP 18-0675, Order (Mont. Dec. 11, 2018) (Vaska II).1 We stated then:

On September 23, 2010, in open court, the Twentieth Judicial District Court, LakeCounty, acceptedVaska's guilty pleato felony drivingunderthe influence ofalcohol or drugs (DUI). The District Court sentenced him tothe Montana State Prison(MSP) for fifteenyears withtenyears suspended. The minute entry reflects that corrections were made to the presentence investigation report concerning the number ofDUIs. This entry noted that this DUI was Vaska's ninth one. The written Judgment was signed and filed In July 2018, Vaska sought a writ of supervisory control in the same underlying criminal case (Lake County Cause No. DC-09-136), and this Court denied his petition. Vaska v. Twentieth JudicialDist. Ct.,No. OP 18-0376, Order (Mont. Jul. 17, 2018) (Vaska 1). 09/10/2024

Case Number: OP 24-0491inDecember 2010. About ayear later,the District Court issued anAmended

Judgment to clarify that the court designated Vaska as a persistent felony offender and sentenced him as such. The court also held a hearing on December 8, 2011, to address Vaska's concerns about not seeing all ofthe evidenceprior to conviction. Vaska II, at 1. Vaskaputs forth thathis sentence andincarceration are illegal. Vaska refersto three sentences in his Petition and that he has discharged two of thern, according to an attachment. He states that "[t]here are 11 years between the discharge of DC-87-66 on June 21, 1991 and the felony DUI inDC-02-112 on August 8, 2002." He further statesthat because his sentence in "DC-09-136 is an active sentence[,] [t]his makes DC-02-112 and DC-87-66 still active." Vaska raises clairns about "discrepancies" in his criminal record, dating back to 2003. Vaska requests not to be charged "with any more tirne." Vaska is correct that his Lake County sentence for his 2010 DUI is still active. However, that active sentence does not re-activate older sentences. He is mistaken that he is servinghis older sentences. Asreflectedin his attached June 2, 2021 Report ofViolation to the Board ofPardons and Parole, Vaska discharged his sentence for the 1987 case on June 21, 1991 (CauseNo. DC-87-66), and he discharged his 2002 case on August 26, 2009 (Cause No. DC-02-112). We point out that in January 2023, Vaska received another sentence for DUI in the Lake County District Court. Through counsel, he has an appeal pending with this Court. State v. Vaska, No. DA 23-0096. Vaska brings his other claims concerning discrepancies too late to this Court and through the wrong remedy. Vaska has not shown illegal incarceration or that he is serving
an illegal sentence. Section 46-22-101(1), MCA. He is not entitled to the,reliefrequested. Vaska is not entitled to his immediate release. Accordingly, IT IS ORDERED that Vaska's Petition for Writ ofHabeas Corpus is DENIED and DISMISSED. IT IS FURTHER ORDERED that this matter is CLOSED as ofthis Order's date. 2

### The Clerk is directed to provide a copy ofthis Order to: counsel ofrecord; James

AllenLapotka;Cori DanielleLosing;JoshuaJamesThornton;ChadM.Wright;andHarlan Gerald Vaska personally

e. 0, DATED this it clay ofSeptember, 2024.



# FILED SEP 10 2024 Bowen Greenwood Clerk of Supreme Court State of Montana

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### ChiefJustice