Rowe v. DOC

Opinion

FILED

ORIGINAL 04/19/2022 05/03/2022

Bowen Greenwood CLERK OF THE SUPREME COURT

<T) STATE OF MONTANA

Inmate Name Case Number: OP 22-0193

'

Inmate ID or AO* L. a;,„,•,'

APR 1 9 2022

Facility of Incarceration BOwen Greenwood Clerk ofSupreme Cour!

2...3-71711(.:Ara, /

State of Montana

/7 eVeS,k - Address of Facility

/)-7 '"- 6 41-7- 55-70/ Zip City State

URT OF THE STAT E OF MONTANA IN THE SUPREME CO

No.

gn a number]

[The Clerk of Court will assi

ifj - r_

ck.-41-614 NAME PETITIONER,

Petition for Writ of

Habeas Corpus

V.

,,r(t)c- 0-)//.5

ALI MINISTRATOR, NAME OF WARDEN/FA

RESPONDENT.

f, and I

, arn representing mysel

1, one [Name of Inmate] und er § 46-22-101, MCA, for Wr it of Habea s Co rpu s believe that I am entitled to a sons:

or more of the following rea ich

[Check the applicable box]:

ctio ns has inc orr ect ly calculated my sentence wh The Department of Co rre eligibility or discharge date.

illegally extends my parole lated my

uld hav e grante d rne a parole AND the Board vio The Parole Board sho

g me a parole.

Due Process rights in denyin received.

for jail time served than I I am entitled to more credit EAS CORPUS 8; Form 5(1)

PRO SE PETITION FOR HAB . April 2021)

Montana Supreme Court (Rev

My sentence is illegal because:

more

I was sentenced after April 28, 1999, and I received a sentence of than 5 years to the Department of Corrections, none of which was suspended.

[Z] My sentence violates my right to be free from double jeopardy.

The length of rny sentence is longer than the law allows.

I am entitled to good time that is not credited against my sentence.

I am being held in jail and I believe my bail is excessive.

Other reason incarceration is illegal.

Be specific. If possible, Describe in detail why you are entitled to habeas corpus relief.

help you explain why the

provide citations to legal authority. Attach any documents that orders or other documents Court should grant your petition. A copy of any judgments, that support your argument must be provided.

p. 2 of 5

PRO SE PETITION FOR HABEAS CORPUS & Form 5(1) Montana Supreme Court (Rev. April 2021)

As relief, I request the following:

rny immediate release frorn prison.

e to the district court

reduction of rny sentence or that this Court remand this caus .

- directing the court to resentence me to a lesser sentence this Court directs.

that the Department of Corrections recalculate my sentence as

Other relief., Explain:

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c 7-15 *1 >Z-44ey,44 -/o7 -

7--al icej (47/

VERIFICATION

STATE OF MONTANA )

: ss.

County of Siked, 4ow

the contents of this

I believe I am being incarcerated illegally. I certify that dge.

petition are true and accurate to the best of my knowle , .20Z 2- .

DATED this /0 day of fi-pc; 1

- //Ida ry

Inmate Signature

ERIN STAJCAR

f

Printed Name

PC_)

\ NOTARY PUBLIC for the '5; ' State of Montana Residing at Butte, MT My Commission Expires

May 02, 2024.

p. 4 of 5

PRO SE PETITION FOR HABEAS CORPUS Form 5(1) Montana Supreme Court (Rev. April 2021)

RVICE)

CERTIFICATE OF MAILING (SE , 20 , I have mailed the I hereby certify that on as noted by a check mark (1i), to the Petition for a Writ of Habeas Corpus, the United States Mail, postage following attorney by placing a copy in prepaid:

(see INSTRUCTIONS #9)

D. State of Montana

Office of the Attorney General

P. O. Box 201401

Helena, MT 59620-1401

TIONS #9)

El County Attorney (see INSTRUC [Write name of County]

[Signature]

[Print name]

p.5 of 5

PUS & Form 5(1)

PRO SE PETITION FOR HABEAS COR l 2021 )

Montana Supreme Court (Rev. Apri