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, requesting relief from his sentences imposed upon revocation in the Fourth Judicial 

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 no jurisdiction 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 

Cause No. DC-19-236). The District Court accepted Charlo's guilty plea to felony criminal 

possession of dangerous drugs with intent to distribute and felony criminal possession of 

dangerous drugs (all other drugs), cornmitting h i»> to the Department of Corrections (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 22-0302
for 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 of dangerous 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 the jail 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 the jail term. For 

the jail term, Charlo is correct that he served 336 days in jail; however, his one-page 

attachment does not provide whether the District Court applied that time to his jail 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

We secured copies of the State's Petition to Revoke and the January 13, 2021 Report 

of Violation, 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 the jail term. 

Charlo is not entitled to reinstatement of his probation. Charlo was a probationer 

for his first and second 2020 sentences when he violated the conditions of his suspended 

sentences. His probation violations were based on absconding and his new offenses, not 

the cause numbers listed. The Missoula County District Court had jurisdiction 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 relief by 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 
commitments were used to begin the revocation proceedings. Section 46-18-203(7), MCA. 

Charlo cannot seek relief for 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 of Habeas 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 of June, 2022. 

Chief Justice 

dzal 

LA4 .04:49 

Justices