Wayne Williams has filed a petition for a writ of habeas
corpus, claiming the Department of Corrections (Department or
DOC) has calculated his discharge date incorrectly. He states
the length of his sentence is longer than the law allows.
Williams offers he has a "fixed discharge date" of
January 31, 2019, not February 27, 2020, as calculated by the
Court is familiar with Williams' sentencing history.
See Williams v. Berkebile, No. OP 15-0135, Order
(Mont. Apr. 29, 2015). In March 1999, the Tenth Judicial
District Court, Fergus County, sentenced Williams for felony;
forgery to a twenty-year term with ten years suspended. The
District Court also credited Williams with forty-six days of
time served prior to sentencing. Williams served time at
Montana State Prison (MSP) from March 23, 1999 to June 4,
2003. Our previous Order detailed the calculation of his
He filed postconviction claims that were ultimately settled
by way of a stipulation between Williams and the State that
provided that Williams would be resentenced on his forgery
conviction in exchange for a waiver of his postconviction
claims. Pursuant thereto, Williams was resentenced on May 27,
2003 [, ] to 20 years, with all time suspended. The District
Court ran this sentence from the date of the original
imposition, or March 23, 1999. Again, Williams was credited
for the 46 days he served prior to his original sentencing,
but the order did not mention the time Williams had actually
served in MSP.
Multiple revocation proceedings followed that engendered
various detention times for Williams. On March 24, ; 2014,
Williams' suspended sentence (which was the resentence
imposed on May 27, 2003) was revoked and he was committed to
the [DOC] "to serve the remaining time" of his
sentence. Referring to prior revocation orders, the District
Court denied credit for "street time" from
April 15, 2012 to May 1, 2013, but granted credit for the
original 46 days and for the times Williams was detained on
prior revocation petitions (119 108 = 227 days). Then, in
an amended judgment dated April 14, 2014, the District Court
clarified, that Williams would receive credit for the time he
served in MSP from March 23, 1999 to June 4, 2003, or 1580
days. All of Williams' credit totaled; 1853 days, a total
Williams concurs in, or approximately 5.07 years of credit.
While the Department calculates Williams' discharge date
to be February 27, 2020, Williams argues that it should be
January 27, 2015, a little over 5 years earlier. However,
Williams is double-counting his total credit for time served,
which can easily be seen by viewing his sentence in overview.
Williams is serving a 20-year sentence that began in March
23, 1999. Giving him credit for the entirety of the
time within the 20-year period following his sentence would
put his discharge date at March 23, 2019 (Williams dos not
qualify for the former benefit of "good time").
However, Williams was denied credit for "street
time" between April 15, 2012 and May 1, 2013, a period
of about one year and 16 days. Thus, that period must be
added to the time, pushing the date out to April 2020. Then,
the 46 days of credit Williams received prior to his original
sentencing is subtracted from his sentence, bringing his
discharge date back to February 2020, as the Department so
Williams v. Berkebile, No. OP 15-0135, Order, at 1-2
(Mont. Apr. 29, 2015) (emphasis in original).
now contends his sentence has improperly been "extended
to 21 years and 25 days" by way of the DOC's
calculation of his discharge date to be February 27, 2020.
Citing to § 46-18-203(7)(a)(iii), MCA, in regard
to;elapsed or "street" time, Williams argues his
sentence is illegal because he is serving more time than
originally sentenced. He also notes he was granted parole in
December 2016, and that his parole was revoked in December
2018. He is currently incarcerated at MSP.! He asserts a
"constitutional liberty interest" in his personal
calculation of his discharge date of January 31, 2019, which
he argues should be honored.
is not entitled to the street time the District Court
correctly denied in September 2013. Section 46-18-203(7)(b),
MCA (2013), provides:
If a suspended or deferred sentence is revoked, .the judge
shall consider any elapsed time and either expressly allow
all or part of the time as a credit against the sentence or
reject all or part of the time as a credit. The judge shall
state the reasons for the judge's determination in the
electronic records indicate the District Court issued a
Sentencing Order and Judgment on September 18, 2013, and
stated regarding Williams' street time period, from April
5, 2012 to May 1, 2013, "the defendant was in
violation of the terms of the underlying judgment."
is not entitled to this street time credit, as he asserts.
Williams' personal calculation of his discharge date does
not account for the denial of his street time. As previously
determined, he has a fixed discharge date of February 27,
2020. Williams is not entitled to habeas corpus relief.
Accordingly, IT IS ORDERED that Williams's Petition for a
Writ of Habeas Corpus is DENIED.
Clerk is directed to send a copy of this Order to counsel of
record and to Alan Wayne Williams.