# ORIGINAL
IN THE SUPREME COURT OF THE STATE OF MONTANA

RACHELL FLORES,

Petitioner,

v. OP 24-0158

BRADLEY BRAGG, Lewis and Clark County Detention Center,

Respondent. 

### F1179 MAR 2 6 2024 Bowen Greenwood Clerk of Supreme Court State of Montana ORDER

Self-represented Petitioner Rachell Flores has filed a Petition for Writ ofHabeas Corpus for the purpose ofbail, citing to § 46-22-103, MCA. Flores asserts that she is "requesting a Release of Detention pending appeal (46-9-107)." She states that she had a hearing on February 7, 2024, after which she was placed in custody. She explains that she seeks her immediate release fromjail due to her medical conditions and that her court-appointed counsel did not seek release on bond pending appeal, pursuant to § 46-9-107, MCA, even though she had asked him to file a motion in the Lewis and Clark County District Court. She states that she is a non-violent drUgoffender and has brain•tumors. She states thatshe "was sentenced toElkhorn because of[a]positive drug test." Flores requests her release pending appeal from this Court. This Court is familiar with Flores's history. See Flores v. State, No. OP 23-0717, Order denying writ of habeas cbrpus (Mont. Jan. 2, 2024). We requested and reviewed copiesoftheregisterofactionand sentencingjudgment. OnFebruary 22,2024,theDistrict Courtrevoked Flores's suspended sentence, for a second time, after an evidentiary hearing concerning probationary violations.' The District Court committed Flores to the Department ofCorrections for a ten-year term. The court awarded credit for time served

On July 13, 2023, the District Court firstrevoked Flores's sentence for absconding and imposed a suspended, ten-year sentence to theMontana State Prison. 03/26/2024

Case Number: OP 24-0158aswell as elapsed time, which totals about eightyears, 232 days. The court recommended

all previous conditions, reiterated her restitution obligation, and recommended placement at Elkhorn for treatment, followed by prerelease. Montana lawlimitsFlores'sremedieshere. Section 46-22-103,MCA, provides that "[w]hen a person is imprisoned or detained in custody on any criminal charge for want of bail, the person is entitled to a writ ofhabeas corpus for the purpose ofgiving bail upon averring that fact in the person's petition, without alleging that the person is illegally confined." Section 46-22-101(2), MCA, states that a habeas corpus relief"is not available to attack the legality ofan order revoking a suspended or deferred sentence." Flores's remedy is not a writ ofhabeas corpus for the purpose ofbail. TheDistrict Court has sentenced Flores, and there is no want ofbail. The court set a bond amount and issued arrestwarrants twice for both revocations. While aperson maybe released pending
an appeal of a justice court or city court decision, pursuant to § 46-9-107, MCA, that situation does not apply here. We note that Flores has no appeal pendingwith this Court. Floreswas sentenceduponrevocation inDistrictCourt and, asFlores acknowledges in her Petition, her counsel did not tile a motion for release pending appeal in the District Court. Flores was a probationer when she violated for the second time within a year. Pursuant to § 46-9-107, MCA, the court must consider "that, ifreleased, the defendant is not likely to flee or pose a danger to the safety ofany person or the community." This Court cannot provide the relief that Flores requests. She is not entitled to release. Section 46-22-101(1), MCA. She is precluded from challenging her sentence upon revocation throu

' gh this remedy. With her award ofcredit, Flores has less than ayear and a half to serve on this sentence. We point out that if Flores believes an appeal is necessary, she may file a timely appeal with this Court before April 22, 2024. M. R.App. P. 4(5)(b)(i). Therefore, IT IS ORDERED that Flores's Petition for Writ ofHabeas Corpus is DENIED and DISMISSED. IT IS FURTHER ORDERED that this matter is CLOSED as ofthis Order's date.
2The Clerk is directed to provide a copy ofthis Order to: Bradley Bragg, Lewis and

Clark County Detention Center; counsel ofrecord, and Rachell Flores along with a copy ofthis Court's Appellate Handbook. DAIED this .13 day ofMarch, 2024.

j e49 7 t- ? ChiefJustice

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