DI ORIGINAL 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

DOUGLAS P. PASQUINZO, 

Petitioner, 

v. 

OP 24-0227 

JAMES SALMONSEN, Warden, 

Montana State Prison, 

Respondent. 

FILED 

APR 2 3 2024 

Bowen Greenwood 

Clerk of Supreme Court State of Montana 

ORDER 

Douglas P. Pasquinzo petitions this Court for habeas corpus relief, contending that 

he is being held illegally and includes a "Supplement Brief." He posits: "The Court has 

failed in the past stating that its 5th Amendment of the Constitution U.S. has not been 

extended to [persons] in the StateLIs." Pasquinzo is referring to our decision in State v. 

Montgomery, 2015 MT 151, ¶ 11, 379 Mont. 353, 350 P.3 d 77, where we pointed out that 

the U.S. Constitution's "Fifth Amendment's grand jury requirement has not been construed 

to apply to the states." Montgomery, ¶ 9. He puts forth that the Fourteenth Amendment 

"is and has been the controlling law and the protection of [h]is rights." Pasquinzo wants 

his immediate release, claiming that the court's judgment and sentence are void. 

On June 15, 2016, the Fifth Judicial District Court, Jefferson County, -sentenced 

Pasquinzo to the Montana State Prison to concurrent terms of fifteen years with five years 

suspended for two counts of sexual assault after accepting his guilty pleas pursuant to a 

plea agreement. He did not appeal. 

We conclude that Pasquinzo's arguments 'lack merit. In Montgomery, we also 

pointed to United States Suprerne Court case law, distinguishing the grand jury requirement 

for indictment in federal cases as opposed to state cases. Montgomery, ¶ 9 (citing Apprendi 

04/23/2024

Case Number: OP 24-0227
v. New Jersey, 530 U.S. 466, 477 n.3, 120 S. Ct. 2348, 2355 n.3 (2000) (noting that the 

Fourteenth Amendment "has not . . . been construed to include the Fifth Amendment right 

to 'presentment or indictment of a Grand Jury. . . .'")). 

The Montana Legislature has provided a statutory scheme for felony prosecution. 

This Court has held that Montana statutes offer four methods to commence a prosecution 

in this state, one of which is "an information after leave of court has been granted[1" 

Montgomery, ¶ 11; § 46-11-101(3), MCA. In Montana, an information is one method to 

charge an offender with a criminal offense—misdemeanor or felony—under statute. 

Section 46-11-101(3), MCA. ‘" [A] defendant is not entitled to any specific procedure.' " 

Montgomery, ¶ 11 (citing State v. Haller, 2013 MT 199, ¶ 8, 371 Mont. 86, 306 P.3d 338) 

(internal citation omitted). If the State commences prosecution by filing an application and 

an affidavit that identifies supporting evidence demonstrating probable cause, the district 

court has subject matter jurisdiction to proceed "over the felonies as stated in Mont. Const. 

art. VII, § 4(1) and § 3-5-302(1)(a), MCAM" Montgomery, ¶ 11. 

The State of Montana commenced Pasquinzo's felony prosecution according to 

Montana's Constitution and under its applicable statutory scheme by filing an application 

-which includes an information for leave of court along with an affidavit supported by 

evidence. Section 46-11-201(2), MCA (2013). See also Montgomery, ¶¶ 9-11; Mont. 

Const. art. II, § 20(1); §§ 46-11-101(3), and 46-11-102(1), MCA. The District Court had 

subject matter jurisdiction, and the court's Sentencing Order is not void. 

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

Having exhausted the remedy of appeal by not appealing, he cannot now raise claims 

concerning his convictions, and he is precluded procedurally from challenging it. Section 

46-22-101(2), MCA. His convictions are not void. Pasquinzo has a lawful sentence, and 

he is not entitled to his release. Therefore, 

IT IS ORDERED that Pasquinzo'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. 

2 
The Clerk is directed to provide a copy of this Order to counsel of record and to 

Douglas P. Pasquinzo perso ally. 

DATED thisr-ba day of April, 2024. 

Chief Justice 

cas2L-st McW-rem 

c (-7-(-1—,_ 

- (04 

Justices 

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