IN THE SUPREME COURT OF THE STATE OF MONTANA OP 24-0510

ALEXANDERTHOMAS WARD,

Petitioner,

v. JAMES SALMONSEN, WARDEN, Montana State Prison,

Respondent. ORDER 

# FILED SEP 17 2024
Bowen Greenwood Clerk of Supreme Court State of rvIontana Alexander Thomas Ward petitions this Court for a writ ofhabeas corpus, asserting that he is entitled to morejail time and elapsed time credit under his recent sentence upon revocation. Ward contendsthattheDepartmentofCorrections(DOC)hasincorrectly calculated his sentence, which illegally extends his discharge date. He states that the length ofhis sentence is longer than the law allows. Ward puts forth that his "revocation wasbased on getting a new charge, which was dismissed after [the revocation]." He further states that he "would not have pled guilty if[he were not] entitled to a suspended sentence." Lastly, he addsthat his counsel was ineffective andthathewasnot given credit fortime served on hisinitial arrest [and]probationtimeserved subsequently." Ward requestshisreleasefrom prison, reduction of his sentence or reinstatement of his deferred sentence, and compensation "for illegally making [him] serve prison time." This Court observes, at the outset, that Ward has not provided any supporting documents, judgments, or even the court where his sentence was revoked. Ward, as a Petitioner, carries the burden in apetition for habeas corpus reliefthat a writ should issue. Miller v. Eleventh JudicialDist. Ct., 2007 MT 58, ¶ 14, 336 Mont. 207, 154 P.3d 1186. Ward must present a record that is a sufficient showing ofthe District Court violating or 09/17/2024

Case Number: OP 24-0510denying "his constitutional, statutory, or legal rights." Miller, ¶ 14. He has not done so.

We secured copies ofthejudgments and petition to revoke from theFourth Judicial District Court, Missoula County. In May 2023, the District Court accepted Ward's guilty pleas to two felony counts ofcriminal possession ofdangerous drugs. On June 30, 2023, the court deferred imposition of two, concurrent three-year terms and imposed probationary conditions. The court awarded fifteen days ofjail time credit. He did not appeal. The State petitioned to revoke his defen•ed sentence in November 2023, alleging two non-compliance violations and a compliance violation. On February 5, 2024, Ward appeared for sentencing after violations ofhis conditions had been established. The court committed Ward to the DOC for two, concurrent five-year terms with three years suspended. The court also awarded credit for time served as well as elapsed tiine: fifteen days for the priorjail time credit; sixty-six days ofjail time credit prior to the revocation; and elapsed time or street time credit ofthree months. Ward did not appeal. Upon review, we conclude that Ward's arguments lack merit. The District Court awarded him credit appropriately, and the DOC has correctly calculated his sentenceupon revocation. We point out that Ward has not shown otherwise. When faced with a revocation ofa deferred sentence after the District Court has found "that the offender has violated the terms and conditions,"the court may "revoke the suspension ofthe sentence and require the offender to serve . . . any sentence that could have been imposed that does not include a longer imprisomnent or commitment term than the original sentence[.]" Section 46-18-203(7)(a)(iii), MCA. Here, the District Court revoked Ward's three-year deferred imposition ofsentence, and imposed a two-year term ofincarceration with three years suspended. The maximumpunishment for two felony counts ofcriminal possession of dangerous drugs could have been two consecutive, five-year terms, or ten years of imprisonment. Section 45-9-102(2), MCA. Under Montana law, Ward has a valid sentence which is not any longer than provided by statute.
2Any claim about ineffectivenessofcounsel could bepursued inthe sentencingcourt

through apetition forpostconviction relief. See §46-21-101, through §46-21-203, MCA. Ward has that option. Ward has not demonstrated an illegal sentence or illegal incarceration. Section 46- 22-101(1), MCA. Regardless of a charge's dismissal, Ward had two non-compliance violationsprecipitating his sentence upon revocation. Sections 46-18-203(10)(b), and 46- 23-1012(5), MCA. Ward is precluded from challenging his sentence upon revocation through a writ ofhabeas corpus. Section 46-22-101(2), MCA. Accordingly, IT IS ORDERED that Ward's Petition for Writ ofHabeas Corpus is DENIED and DISMISSED. IT IS FURTHER ORDERED that this case is CLOSED as ofthis Order's date. The Clerk is directed to provide a copy ofthis Order to counsel ofrecord and to Alexander Thomas Ward personally.



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"3. My ofSeptember, 2024.



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