December 31, 2013
HEATHER ERIN WYLIE, Petitioner,
WARDEN JOAN DALY, MWP Respondent.
Heather Erin Wylie (Wylie) has filed a petition for a writ of habeas corpus. Wylie challenges her convictions entered in 2010 in the District Courts for Butte-Silver Bow County and Lewis and Clark County. The State of Montana (State) originally charged Wylie in Butte-Silver Bow with count 1: theft, common scheme, a felony, as specified in § 45-6-301(1)(a), MCA; and with count 2: forgery, a felony, as specified in § 45-6-325(1)(a), MCA. She also was charged in a later amended Information with count 3: Theft, a felony, as specified in § 45-6-325(1)(a), MCA. The State further charged Wylie with attempted theft and tampering with or fabricating physical evidence in Lewis and Clark County for which she was sentenced to two concurrent ten-year terms to be served consecutively to her Butte-Silver Bow District Court sentence.
The Butte-Silver Bow County District Court sentenced Wylie to two ten-year consecutive sentences and ordered Wylie to pay more than $ 154, 000 in restitution. Wylie did not appeal the District Court's judgment and sentence. Wylie also filed a petition for postconviction relief, but the District Court denied her petition. Wylie did not appeal the District Court's decision. In 2011, Wylie filed a pro se motion to withdraw her guilty pleas in Butte-Silver Bow County pursuant to § 46-16-105, MCA, which the District Court denied. We affirmed the District Court's denial of Wylie's motion to withdraw her guilty pleas in State v. Wylie, 2012 MT 118N, 365 Mont. 558, __P.3d__.
In her petition, Wylie claims that her sentencing was invalid pursuant to § 46-18-201, MCA, as she was sentenced after 1999, and she received a sentence that was not suspended for all but five years. She also claims that counts 1 and 3 of her Silver-Bow County criminal proceeding put her in double jeopardy for the same offense. Finally, she argues that the state prosecutor provided erroneous and inaccurate information at the sentencing hearing. She contends that the District Court erred in not allowing her to withdraw her guilty pleas because of mistaken facts. Wylie further appears to argue that the sentencing judge was biased because of a ruling he made in a separate estate case which involved Wylie.
First, Wylie's sentences in Butte-Silver Bow County and Lewis and Clark County were not facially invalid. Wylie invokes § 46-18-201 (3)(a)(iv)(A), MCA. The district courts did not commit Wylie, however, for placement in any facility or program that the Department of Corrections deemed appropriate under the provisions of § 46-18-201(3)(a)(iv)(A), MCA. Rather, Wylie was sentenced to serve her time in the Montana Women's Prison. The limitations of § 46-18-201(3)(a)(iv)(A) do not apply to Wylie's case.
Second, Wylie's double jeopardy claim is without merit. Counts 1 and 3 both may have involved theft pursuant to § 45-6-30l(l)(a), MCA, they involved different victims. Count 1 involved "Daniel Sweeney and other persons who came into Daniel Sweeney's office, " and count 3 involved the "Batterman Estate and/or Walter Hennessey." Multiple charges involving different victims do not implicate double jeopardy concerns.
Finally, Wylie's other claims already have been raised and decided or represent new claims that collaterally attack her conviction and sentence. A writ of habeas corpus cannot be used to "attack the validity of a conviction or sentence of a person who has been adjudged guilty of an offense in a court of record and has exhausted the remedy of appeal." Section 46-22-101 (2), MCA. Wylie cannot raise issues now that she previously raised or should have raised on appeal.
IT IS ORDERED that Wylie's petition for a writ of habeas corpus is DENIED.
The Clerk is directed to mail a true copy hereof to counsel of record, and to Wylie, personally.