# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA OP 22-0302

WESLEY W. CHARLO,

Petitioner,

v. STATE OF MONTANA, BOB OLSON, Prograrn Adrninistrator, S.T.A.R.T. Program,

Respondents. 

### „. .. JUN 2 8 2022
Bowen GreEnvacod Clerk of Supreme Court Stata of Montana 

### ORDER

Representing himself, Wesley W. Charlo has filed a Petition for Writ of Habeas Corpus,requestingrelieffromhissentencesimposeduponrevocation intheFourthJudicial District Court, Missoula County. He has since filed a "Motion to Consider Information." Charlo asserts that the criminal cases "used to initiate the revocation proceedings
were invalid, discharged, or expired, respectfully." He explains that his two cases (Cause No. DC -11-153 and DC-19-236) are no more.' He contends that his initial appearance for a probation violation hold was based on these cases, leading to a procedural error. Charlo maintains that the Missoula County District Court had nojurisdiction to commence revocation proceedings. He requests that this Court release him to probation status. Available electronic records indicate that on Decernber 21, 2020, the Missoula County District Court sentenced Charlo ill three separate matters and dismissed a fourth
case. The District Court imposed a six-month, suspended jail term 

### for rnisdemeanor theft of labor or services and dismissed the felony burglary offense (hereinafter jail term for CauseNo.DC-19-236). TheDistrictCourtaccepted Charlo'sguilty pleato felony criminal possession ofdangerous drugs with intent to distribute and felony criminal possession of dangerousdrugs(all otherdrugs),cornmitting hi»> 

### totheDepartment ofCorrections(DOC)
The first case (DC-11-153) is from the Lake County District Court, and the other criminal case (DC-19-236) originated in Missoula County District Court. 06/28/2022

Case Number: OP 22-0302for a ten-year suspended term and five-year suspended term, respectively (hereinafter first

2020 sentence for Cause No. DC-19-476). The District Court also cornmitted Charlo to the DOC for a five-year suspended term for felony criminal possession ofdangerous drugs (all other drugs) (hereinafter second 2020 sentence for Cause No. DC-20-268). The District Court ran the first and second 2020 sentences concurrently with each other and with thejail term. Charlo includes copies of several court documents. Both the January 13, 2021 Initial Appearance on PV Hold and the January 11, 2021 Authorization to Pick Up and Hold Probationer list Cause No. DC-11-153 and the cause number for thejail term. For the jail term, Charlo is correct that he served 336 days in jail; however, his one-page attachment doesnotprovidewhethertheDistrict Court applied thattime to hisjail sentence when the court imposed a suspended, six-month term. Additionally, the Lake County District Court did not issue an order vacating his conviction and sentence in Cause No. DC-11-153 until January 20, 2022, more than a year after he was arrested.2 Wesecured copies oftheState'sPetitiontoRevoke and theJanuary 13,2021 Report ofViolation, as filed in Missoula County District Court. The Report provides that after December 17, 2020, Charlo failed to report for his appointment with his probation officer and his officer stated that he had absconded. A year later, he was charged with a felony that was later dropped to a misdemeanor offense where he received thejail term. Charlo is not entitled to reinstatement ofhis probation. Charlo was a probationer for his first and second 2020 sentences when he violated the conditions ofhis suspended sentences. His probation violations were based on absconding and his new offenses, not the cause numbers listed. The Missoula County District Court hadjurisdiction to revoke his suspended sentences regardless of what the court's register of action or Initial Appearance on PV Hold stated. Section 46-18-203, MCA. His existing DOC

2 On February 15, 2022, this Court dismissed Charlo's prior petition for habeas corpus relief because the Lake County District Court had provided Charlo reliefby issuing an Order vacating his conviction and sentence in Cause No. DC-11-153. Charlo v. McDermott, No. OP 21-0553, Order (Mont. Feb. 15, 2022). 2

### commitmentswereusedtobegin therevocation proceedings. Section 46-18-203(7),MCA.

Charlo cannot seek relieffor his sentences upon revocation through the remedy of habeas corpus. Section 46-22-101(2), MCA. Charlo has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. Therefore, IT IS ORDERED that Charlo's "Petition for Writ ofHabeas Corpus or any other appropriate writ" is DENIED and DISMISSED. IT IS FURTHER ORDERED that Charlo's Motion to Consider Information is DENIED, as moot. The Clerk is directed to provide a copy of this Order to Bob Olson, Program Administrator, bolson@cccs.com; to counsel of record and to Wesley W. Charlo personally. DATED this day ofJune, 2022.

ChiefJustice



# dzal

LA 4 .04:4 9

Justices