November 26, 2013
JASON JAMES MITTELSTEDTER, Petitioner,
LEROY KIRKEGARD, Warden, Respondent.
Jason James Mittelstedter (Mittlestedter) has filed a petition for a writ of habeas corpus in which he claims that he has been subjected to double jeopardy and that his 7-year commitment to the Department of Corrections for burglary violates § 46-18-201 (3)(a)(iv)(A), MCA. He claims the Eighteenth Judicial District Court failed to suspend all except the first five years of the sentence, and, therefore, the sentence exceeds the statutory maximum.
We observe that Mittelstedter currently has three appeals pending in Causes DA 13-0566, 13-0667 and 13-0568. We granted Mittlestedter's motion to consolidate the three causes under DA 13-0566 on November 18, 2013. Or. Granting Motion to Consolidate, State v. Mittelstedter, No. DA 13-0566, 13-0567 and 13-0568 (Mont. Nov. 18, 2013). The status of the case is that it is in the briefing process.
Habeas corpus does not offer an alternative remedy to a direct appeal. Habeas corpus similarly should not be used to supplement the normal appellate process. Mittelstedter's appeal represents the proper forum in which to litigate issues arising from his conviction and sentence. State v. Wright, 2001 MT 282, ¶¶ 36-37, 307 Mont. 349, 42 P.3d 753.
Without considering the merits, we must dismiss this petition.
IT IS ORDERED that this petition for a writ of habeas corpus is DISMISSED, without prejudice.
The Clerk is directed to provide a copy hereof to counsel of record and to Jason James Mittelstedter.