# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA

RAS JAHMIKES MATTA,

Petitioner,
v. OP 21-0547

JIM SALMONSEN, Warden, Montana State Prison; CAPTAIN LINDAEUR, Facility Manager,

Respondents. 

# F1LEL„ NOV 2 3 2021 Bowen C3reer1WOoo Clerk of Supreme Court State of Montana ORDER

Representing himself, Ras Jahmikes Matta has filed a twenty-five-page, handwrittenPetition forWrit ofHabeasCorpus, indicatingthathe isentitledtomorecredit for time served. He devotes five paragraphs to this argument. Matta brings forth many claims about why his sentence was illegally imposed in the Thirteenth Judicial District Court,YellowstoneCounty. Hechallengestheinformation inthepresentenceinvestigative report (PSI) as materially false and argues that his attorney failed to object. Matta also raises concerns about his safety, given hishistory and former gang affiliation. Matta seeks his immediate release from prison or to be able to withdraw his guilty plea. He would like to be resentenced with new counsel. Matta includes several attachments, such as the District Court's Order denying his petition for postconviction relief,' his counsel's correspondence, and other court documents. Availableelectronicrecordsindicatethat in July2020,Mattaentered apleaofguilty to felony criminal possession of dangerous drugs in exchange for dismissal of other offenses. The court committed Matta to the Department of Corrections (DOC) for five years. The court also awarded credit for time served from March 24, 2020 through May 24, 2020, and July 13, 2020 through July 22, 2020. He did not appeal.
On November 1, 2021, Matta filed an appeal ofthe court's denial ofhispro se petition for postconviction relief. Matta v. State, No. DA 21-0539. 11/23/2021

Case Number: OP 21-0547Matta contends that he is due other credit for time served from two different

proceedings to be applied to his current sentence. He states that he "sat in jail on DC 20-032 out of Yellowstone County for a total of (36) days." He further states that "between December 8, 2020, to January 7, 2020[,] [he] spent (30) days in jail for TK 20-1030
. . .which was ordered torun concurrentto any other charge
. . . ." He asserts that, according to Mendoza and Killam, he should have this time applied to his remaining sentence because "recent case law now establishes that 'any' time spent in pre-trial incarceration should count towards credit
. . . ." Matta includes a copy ofthe plea agreement from the Yellowstone County District Court. In exchange for his guilty plea, pursuant to § 46-12-211(1)(c), MCA, the State of Montana agreed to dismiss three other counts, to dismiss the persistent felony offender (PFO) designation, and to dismiss Cause No. DC 20-032. Matta also had the option to argue for a partially suspended sentence if he were to complete successfully inpatient treatment. Matta received the benefit ofthebargain. Matta reads our recent decisions too broadly. Moreover, he includes no supporting documentation for his claim of additional credit for time served. We point out that the DistrictCourt dismissedhiscriminal caseunderCauseNo.DC20-032,pursuanttohisplea agreement. We further point out that Matta received credit for time served in his criminal case, Cause No. DC 20-0282, from the District Court. Killam and Mendoza are both distinguishable from Matta's situation. Both defendant Mendoza and petitioner Killam had received no credit for time served even though they had been held on bail and had posted no bond when they challenged their sentences. State v. Mendoza, 2021 MT 197, ¶ 12, 405 Mont. 194, 492 P.3d 509, and Killam v. Salmonsen, 2021 MT 196, ¶ 19, 405 Mont. 143, 492 P.3d 512. Matta was released at different times during his proceedings. Mattahas not put forth such an argument that he was denied any credit for time served. Matta's other claims are outside the scope ofhabeas corpus. "The writ ofhabeas corpus is not available to attack the validity ofthe conviction or sentence ofa person who has been adjudged guilty or an offense in a court ofrecord and has exhausted the remedy ofappeal." Section46-22-101(2),MCA. His claims concerningtheinformation inthePSI 2and the lack of objections by his counsel should have been brought in a timely appeal.

Because Matta did not appeal, he is procedurally barred from raising such claims here. Matta's various requests for reliefcannot be remedied by this writ here. Matta cannot be released on his own recognizance or be resentenced. Section 46-22-101(1), MCA. Addressinghis claims concerning his safety while detained or incarcerated,Matta's remedy is with the DOC. Matta has expressed his concerns to the people holding him, as evidenced by the correspondence from the Valley County Detention Supervisor, his Probation and ParoleOfficer in Billings andthe Deputy Chieffor Region IVProbation and Parole Division ofthe DOC. Matta has no remedywith this Court based on the arguments and information presented. Therefore, IT IS ORDERED that Matta's Petition for Writ ofHabeas Corpus is DENIED and DISMISSED. The Clerk is directed to provide a copy ofthis Order to counsel ofrecord and to Ras Jahmikes Matta personally 4
. DATED this Z3 day ofNovember, 2021.

ChiefJustice 

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