# DiORIGINAL

IN THE SUPREIVIE COURT OF THE STATE OF MONTANA OP 24-0458

ANTHONY WAYNE SHULL,

Petitioner,

v. ORDER SGT. BRADLEY BRAGG, LEWIS AND CLARK COUNTY DETENTION CENTER,

Respondent. 

# ALE AUG 2 0 2024 Bowen Cireenwood Clerk of Supreme Court State of Montana Anthony Wayne Shull has filed aPetition for Writ ofHabeasCorpus, indicatingthat the Department of Corrections (DOC) has incorrectly calculated his sentence, which illegally extends his parole eligibility or discharge dates. Shull is currently detained in the Lewis and Clark County Detention Center. Shull explains that he received 111 days ofdead time "for an alleged Escape from 7/18/2016 to 11/5/2016." He includes a part ofhis sentence calculation, titled Good Time CalculationForm,yet Shull did notprovidethis Court with a complete sentence calculation for review. He contends that "this sentence increase is undue and illegal[,]" putting forth that a court or the Board ofPardons and Parole (Board) did not order it. Shull states that because itwas not ordered by a legal authority and becausehewasnot convicted ofescape, he should not be incarcerated. He requests that the DOC recalculate his sentence. By way of background, on March 5, 2015, the Flathead County District Court sentenced Shull to the Montana State Prison (MSP) for two counts of felony burglary to consecutive, ten-yearterms. The second consecutiveterm had eightyears suspended. The District Court also sentenced Shull for felony theft to MSP for a consecutive five-year, suspended terrn and stated that the net effect would be a twenty-five-year prison term with 08/20/2024

Case Number: OP 24-0458thirteen years suspended (Flathead County sentences). Shull appealed the court's denial

ofhis motionto withdraw his guilty plea, and we affirmed. State v. Shull, 2016 MT264N, 

# in 2, 8, 2016 Mont. LEXIS 922 (Oct. 18, 2016). Available electronic records indicate that on February 5, 2018, the Powell County District Court issued an Order granting Shull's motion to dismiss for lack ofa speedy trial. The State had charged Shull with escape after fleeing from Connections Corrections on July 18, 2016, and eluding official detention. The court issued an arrest warrant for Shull, and he was apprehended in Lake County on November 5, 2016, on other charges. The warrant was served two days later. The District Court granted the motion to dismiss because ofthe "negligent delar caused by the State. Shull had several appearances before the Board after February 2018. On June 26, 2018, the Board denied his parole, ordering that he have chemical dependency treatment, and setting an annual review in June 2019. In June 2019, the Board denied his parole and set areappearance forNovember. InNovember2019,theBoard grantedparole, contingent upon completion ofplacement at a pre-release center and other conditions ofrelease. The Board revoked his parole at a December 14, 2020 hearing because ofmultiple violations. The Board did not impose any dead time, but noted that Shull had absconded supervision again. Shull cannot showthathisdueprocessrightshavebeenviolatedbecausehereceived notice ofhis probationary conditions and his subsequent violation. Shull was under the DOC's supervision in.2016 for his Flathead County sentences. Section 46-23-1011, MCA. According to Montana statutes, he would have received a copy of his conditions that he had to sign. Section 46-23-1011(3), MCA. Shull absconded from supervision. Section 46-23-1001(1), MCA. Shull received notice that he violated probationary conditionswith the service of his arrest warrant on November 7, 2016. I Section 46-23-1012(1), MCA. While Shull is correct that he was not convicted ofescape, hewas charged with the offense

Alldefinitions,includingdeadtime,wererepealed inJuly2022. Admin. R.M. 20.25.202 (2016), repealed 2022 MAR p.1194, effective Jul. 9, 2022. 2because he could not be located. Shull did not serve the time from July 18, 2016 until

November 5, 2016. The DOC has legal, statutory authority to require Shull to serve the 111 days that he did not serve in 2016 for his Flathead County sentences. Shull has not demonstrated that the DOC should recalculate his sentence. He has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. Therefore, IT IS ORDERED that Shull's Petition for Writ ofHabeas Corpus is DENIED and DISMISSED. The Clerk is directed to provide a copy of this Order to counsel of record and to Anthony Wayne Shull personally. DATED this 

# abt ofAugust, 2024. 

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