IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 23-0323 

TRAVIS LEE OWENS, 

Petitioner, 

v. 

CAPTAIN JASON KOWALSKI, 

Respondent. 

FLIL.f,D 

JUN 2 7 2023 

Bowen Grr..enwood ,

Clerk cf Su7rerne Court 

State of Montana 

ORDER 

Travis Lee Owens petitions this Court for habeas corpus relief, contending that his 

sentence is longer than the law allows, making his incarceration illegal. Owens requests a 

reduction of his sentence or a rernand of his underlying proceeding to the District Court. 

Owens includes a copy of the January 11, 2023 minute entry, which states that the 

Lewis and Clark County District Court sentenced Owens to the DOC for six and a half years. 

Owens states that his "6.5 year commitment to [the DOC] violates 

[§] 46-18-201(3)(a)(iv)(A)[, MCA]" because the first five years of a commitment to the 

Department of Corrections (DOC) "must be suspended." He adds that his "original sentence 

was 6.5 years" to the Montana State Prison (MSP). 

We secured copies of the relevant sentencing judgments. On March 23, 2022, Owens 

appeared with counsel for a change of plea hearing. Owens pleaded guilty to the amended 

charge of felony criminal endangerment, pursuant to a plea agreement, and waived his right 

to a pre-sentence investigation report. The District Court sentenced Owens to MSP for a 

term of six and a half years, with all time suspended and credit for tirne served of 259 days. 

On August 31, 2022, Owens appeared with counsel to answer to the alleged violations 

in the Report of Violation concerning his probationary term. The District Court revoked his 

suspended sentence. The court held a sentencing hearing on January 11, 2023, and 

cornrnitted Owens to the DOC for a term of six and a half years with none suspended, as 

06/27/2023

Case Number: OP 23-0323
reflected in the minute entry. The District Court awarded credit for 259 days of time served 

as well as 30 days of elapsed time. 

Owens is mistaken in his argument because the District Court sentenced him upon 

revocation, pursuant to § 46-18-203, MCA, not under § 46-18-201, MCA. Section 

46-18-203(7)(a)(iii), MCA, provides that when "the judge fmds that the offender has violated 

the terms 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[1" Here, the 

District Court revoked Owens's prison term of a suspended six and a half years and imposed 

a DOC term of an unsuspended six and a half years. The sentence upon revocation does not 

impose a longer term and is valid under Montana law. 

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

Owens is not entitled to a reduction of his sentence or a remand. Owens is precluded under 

Montana law from challenging his sentence upon revocation through this remedy. Section 

46-22-101(2), MCA. 

IT IS THEREFORE ORDERED that Owens's Petition for Writ of Habeas Corpus is 

DENIED and DISMISSED. 

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

Travis Lee Owens personally. 

DATED this Z--9--clay — ofJune, 2023. 

Chief Justice 

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