Self-represented Petitioner Travis Murphy seeks a writ of habeas corpus, requesting credit for time served on a probation hold in New Mexico. Murphy's petition arises from the November 14, 2011 order of the Sixth Judicial District, Park County, revoking his deferred sentence and sentencing Murphy to the Montana Department of Corrections (DOC) for a period of four years. Murphy claims that he should have received credit for time served on a probation hold in New Mexico as a result of Montana's failure to extradite him in a timely manner. At our direction, the State of Montana filed a supplemental response to the petition, attaching an affidavit and eight other exhibits. Murphy also requested leave to file an addendum to his petition, which we have considered.
Murphy pleaded guilty in 2008 to charges of felony burglary and misdemeanor attempted sexual assault. He received a three-year deferred sentence on the felony on September 22, 2008. In late September 2008, Murphy received approval for transfer to his mother's home in New Mexico, and was subject to supervision on probation there. The State explains in detail Murphy's subsequent series of criminal activity and jail time from 2008 to 2011. During a portion of that time, Murphy absconded and was not under supervision.
The Park County Attorney's office filed a petition to revoke Murphy's three-year deferred sentence on April 14, 2009, based on his violations while in New Mexico. On June 6, 2009, after Murphy was arrested for the second time in San Juan County, New Mexico, on six new charges, he was served with the Montana bench warrant for revocation. Murphy had a detainer placed on him for transport to Montana once his New Mexico charges were resolved. The State was notified that Murphy was inadvertently released from the New Mexico detention center on June 4, 2010. The Sixth Judicial District Court issued a second bench warrant for Murphy on June 11, 2010.
Murphy was arrested for a third time in New Mexico on October 21, 2010, and was served the same day with Montana's second bench warrant. Murphy served 141 days on his new crimes and was released on March 10, 2011, to his probationary term, from which New Mexico discharged him on September 21, 2011. Montana arranged for Murphy's return and he had his initial appearance on the revocation petition on September 27, 2011. On November 14, 2011, the District Court issued the order at issue, revoking Murphy's deferred sentence.
Section 46-22-101, MCA, provides that habeas corpus is available "to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment or restraint." Murphy's recount of his time in New Mexico is myopic, to say the least. He "sat in a New Mexico jail" for crimes that he committed there while he was on probation and while he had absconded from supervision. He fails to recount his missing years' activities. After Murphy was released twice from jail in New Mexico, Montana finally was able to extradite him. Murphy has not demonstrated that he is serving an illegal sentence, and he is not entitled to any credit for time served in New Mexico while he was on a probation hold. Accordingly,
IT IS ORDERED that Murphy's request for leave to file addendum to habeas corpus is GRANTED.
IT IS FURTHER ORDERED the petition for a writ of habeas corpus is DENIED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to the Attorney General, to the Department of ...