# j ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA OP 23-0113
PAUL ANTHONY EMRICH,

Petitioner,

v. PETERBLUDWORTH, Warden, Crossroads Correctional Center,

Respondent. 

### APR 1 1 2'23 Bovvy n G ar. /pod

. Court State of kilontana ORDER

Paul Anthony Emrich has filed a Petition for Writ ofHabeas Corpus, asserting that he is due credit of222 days forjail time served to be applied to his recent sentence from the Missoula County District Court. He includes a copy ofthe Judgment and a sentence calculation. In compliance with this Court's February 28, 2023 Order, the Attorney General responds that Emrich is entitled to 218 days ofcredit. The State provides more detail about Emrich's criminal history in the Missoula County District Court that we now summarize. In open court on October 6, 2020, the District Court sentenced Emrich in two different matters. The District Court revoked his 2015 sentence for felony aggravated assault based upon probation violations and sentenced himtotheDepartmentofCorrections(DOC) foran unsuspended,eight-yearterm (sentence upon revocation). The District Courtawarded 1,268 days ofstreet time credit andjailtime credit of 222 days in the Judgment for the sentence upon revocation. The court also committed him to the DOC for his guilty plea to felony intimidation and imposed a five-year sentencewith notime suspended (Cause No. DC 20-109 or 2020 sentence). The court ran the 2020 sentence concurrently to his sentence upon revocation. The court did not mention any credit for time served. Emrich argues that he was taken into custody on February 27, 2020, and that he
was sentenced on October 6, 2020. He requests amendment ofthe court's Judgment to include credit of222 days for time served. 04/11/2023

Case Number: OP 23-0113The State explains that, based solely on the record of Emrich's 2020 sentence,

Emrich is entitled to an award ofcredit for time served of218 days. The State points out that when Emrich was arrested on February 27, 2020, it was for his probation violations concerninghis2015 sentenceandsubsequent sentenceuponrevocation. The Stateexplains that Emrich made his initial appearance on March 3, 2020, when the court set bond at $100,000 andthat Emrich remained incarcerated until the October 6,2020 sentencingdate. Given that a portion ofEmrich's sentence is illegal, we conclude that remandinghis underlying matter to the District Court is proper. State v. Heafner, 2010MT 87, ¶ 11, 356 Mont. 128, 231 P.3d 1087. The District Court should amend its May 26, 2021 Judgment' to include the following:

The Defendant shall receive credit against his sentence for time served in the amount oftwo hundred eighteen (218) days. Accordingly, IT IS ORDERED that: 1. Emrich'sPetition for Writ ofHabeasCorpus isGRANTED in part and Emrich's underlying criminal matter, Cause No. DC 20-109, is REMANDED to the Fourth Judicial District Court, Missoula County, to amend its May 26, 2021 Judgment, toreflect credit for time served as shown above; and 2. this matter is CLOSED as ofthis Order's date. The Clerk ofthe Supreme Court is directed to provide a copy ofthis Order to: the Honorable Jason Marks, District Court Judge; Shirley E. Faust, Clerk of District Court, under Cause No. DC 20-

L1 109; counsel ofrecord, and Paul Anthony Emrich personally. 1., DATED this , --day ofApril, 2023.

ChiefJustice
The District Court held the sentencing hearing on October 6, 2020, and the written judgment was signed and filed onMay 26, 2021. 2

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