IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 23-0540 

DANIEL DURGLO, 

Petitioner, 

v. 

SGT. BRADLEY BRAGG, 

Lewis and Clark County Detention Center, 

Respondent. 

RILED 

OCT 10 2023 

Bowen Greenwood 

Cierk of Supreme Court 

State of Montana 

ORDER 

Daniel Durglo petitions this Court for habeas corpus relief, indicating that his 

incarceration is illegal because his sentences are longer than Montana law allows. He states 

that in one of his cases, he received a ten-year sentence, all suspended, to the Department 

of Corrections (DOC), pursuant to § 45-6-301(7)(b)(i), MCA. He contends that the 

maximum punishment is three years. He adds that his sentence was revoked. Durglo 

requests that this Court overturn his sentence or that the DOC recalculate his sentence as 

this Court directs. Durglo does not attach any supporting documentation. 

We secured available electronic documents. On March 6, 2019. the Lewis and Clark 

County District Court accepted Durglo's guilty plea to felony theft and sentenced Durglo 

to the DOC for a suspended, ten-year term, to run consecutively to his burglary sentence 

from Lewis and Clark County.' On August 30, 2023, the Lewis and Clark County District 

Court revoked his suspended sentence due to his recent conviction in the Lake County 

District Court. The District Court committed Durglo to the DOC for a suspended, ten-year 

terrn to run consecutively to his burglary sentence. The court also awarded credit for time 

I In the Lewis and Clark County District Court, Durglo received a ten-year sentence with five years 

suspended for felony burglary on February 21, 2018. On August 30, 2023, the court revoked this 

sentence for burglary, imposing a five-year, DOC term and awarding both credit for time served 

and elapsed time. 

10/10/2023

Case Number: OP 23-0540
served from March 10, 2023 to August 30, 2023, and the court did not award credit for 

street time, also known as elapsed time. 

Durglo misunderstands Montana law. He has a valid sentence. This Court points 

out that Durglo committed the felony offense on December 24, 2016, and the 2015 version 

of Montana statutes apply. Section 45-6-301(8)(b)(i), MCA (2015), provides that "a person 

convicted of the offense of theft of property exceeding $1,500 in value . . . shall be fined 

an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 

10 years, or both." The court sentenced him to the maximum term of ten years. 

Moreover, the District Court imposed a valid sentence upon revocation. Section 46-

18-203(7), MCA. "If the judge finds that the offender has violated the terrns and conditions 

of the suspended sentence . . . and the violation is not a compliance violation, the judge 

may[] . . . [] revoke the suspension of sentence and require the offender to serve either the 

sentence imposed or any sentence that could have been imposed that does not include a 

longer imprisonment or commitment term than the original sentence[.]" Section 46-18-

203(7)(a)(iii), MCA. Here, the District Court revoked the lawful sentence often years, and 

imposed a suspended, ten-year term to the DOC. Durglo was not yet serving his suspended 

sentence for theft, and thus, he received no elapsed time credit. Durglo received credit for 

jail time served, and he is not serving a longer sentence upon revocation. 

Durglo cannot challenge his sentence upon revocation through this remedy. Section 

46-22-101(2), MCA. This Court will not overturn his sentence. Durglo is not entitled to 

a reduction or recalculation of his sentence. Therefore, 

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

DISMISSED. 

The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel 

of record and to Daniel Durglo personally. 

DATED this lb day of October, 2023. 

Chief Justice 

2 
e9.4 M ,.11L 

Justices 

.3