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Felton v. Kirkegard

Supreme Court of Montana

August 29, 2013

PETER A. FELTON, Petitioner,
v.
LEROY KIRKEGARD, WARDEN OF MONTANA STATE PRISON, et al., Respondent.

ORDER

Petitioner Peter A. Felton (Felton) has filed a Petition for Writ of Habeas Corpus and seeks leave to proceed without paying the filing fee. Felton complains that in its July 19, 2012 Judgment and Order Finding Violation of Probation and Imposition of Suspended Sentence, the District Court denied Felton credit for approximately 19 months of "street time" served, but provided no reason for this determination as required by § 46-18-203(7)(b), MCA. Felton subsequently filed a motion specifically seeking credit for the street time. The District Court denied his motion on April 18, 2013, again without providing any reason for the denial. Consequently,

IT IS ORDERED that leave to proceed without paying the filing fee is GRANTED.

IT IS FURTHER ORDERED that this matter is REMANDED to the District Court for the court to either credit Felton with all or part of the street time served, or to state the reasons for the court's determination that credit for all or some of the street time is rejected, as is required by § 46-18-203(7)(b), MCA.

The Clerk of Court is directed to provide a copy hereof to counsel of record, to Peter A. Felton, and to the Hon. Loren Tucker, Montana Fifth Judicial District Court, under Cause No. DC 2000-2811.


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