IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 24-0407 

TIMOTHY D. JOURNOT, 

Petitioner, 

v. 

CAPTAIN HASH, 

Respondent. 

ORDER 

FLED 

JUL 2 3 2024 

Bowen Greenwood 

Clerk of Supreme Court 

State of Montana 

Representing himself, Tirnothy D. Journot has filed a Petition for Writ of Habeas 

Corpus, arguing he is illegally incarcerated because a sentencing condition from a 

subsequent matter is being retroactively applied to an earlier matter thus constituting an 

ex post facto violation. 

Journot explains he is serving a sentence pursuant to a 2002 juvenile matter and that, 

in 2023, he was charged with unlawful possession of a firearm and carrying a concealed 

weapon while under the influence. Journot provides that he does not start serving his 

second sentence until 2025 and the imposition of a sentencing condition from his second 

sentence to his juvenile matter is unlawful. 

Available electronic records indicate that on June 14, 2002, the Flathead County 

District Court issued its Findings of Fact, Conclusions of Law, and Order designating 

Journot's juvenile case as an extended jurisdiction juvenile prosecution and retaining 

jurisdiction over Journot until the age of twenty-five years. The court ordered that he 

remain in jail until December 11, 2002, and thereafter be placed on formal probation. 

Journot was advised of the rules of probation and particular conditions imposed and told 

07/23/2024

Case Number: OP 24-0407
that upon any violation, Journot would receive a commitment to the Department of 

Corrections (DOC) for twenty years with seventeen years suspended. 

In July 2004, the Flathead County District Court revoked Journot's formal probation 

and committed him to the DOC for twenty years with seventeen suspended. The court 

included conditions of probation. On June 30, 2016, the District Court issued an Order of 

Revocation, sentencing Journot to the DOC for ten years with five years suspended (2016 

sentence upon revocation). The court awarded credit for time served and re-imposed 

probationary conditions. 

In November 2023, the Missoula County District Court adjudged Journot guilty of 

attempted aggravated assault pursuant to § 45-5-202, MCA, and imposed a three-year 

sentence to the DOC with all but seventeen days suspended (2023 sentence). The Missoula 

County District Court ordered that the sentence run consecutively to his 2016 sentence 

upon revocation from the Flathead County District Court. 

Journot is correct that he is presently serving his 2016 sentence upon revocation 

from the Flathead County District Court. However, the sentencing condition from his 2023 

sentence is not being applied to his 2016 sentence upon revocation. Journot contends being 

in possession of "a black powder rifle," upon which his recent convictions are based, does 

not violate § 46-8-313, MCA, because that statute does not explicitly mention black 

powder, either under the 2001 version or the 2021 version. However, in the Flathead 

County District Court's 2002 written Order, condition number 6 states: "The youth shall 

not own, possess, or be in control of any firearms or deadly weapons, including black 

powder, as defined by state or federal law. The youth shall not possess O.C. spray." In 

the 2004 Revocation Order, the court re-stated the same provision in condition "f." Journot 

received notice in 2002 and 2004 that he was expressly prohibited from having any 

weapon, including black powder. The condition was re-imposed in 2016. 

Journot has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. 

Journot also cannot challenge his 2016 sentence upon revocation through this remedy. 

Section 46-22-101(2), MCA. Therefore, 

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IT IS ORDERED that Journot's Petition for Writ of Habeas Corpus is DENIED and 

DISMISSED. 

IT IS FURTHER ORDERED that this case is CLOSED as of this Order's date. 

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

Timothy D. Journot persirly. 

DATED this day of July, 2024. 

3 

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