KEITH E. WILEY, Petitioner,
LYNN GUYER, Warden, Montana State Prison, Respondent.
himself, Keith E. Wiley has filed a petition for a writ of
habeas corpus, indicating that he is due credit for jail time
served in a recent Cascade County District Court matter as
well as good time credit. In compliance with this Court's
January 15, 2019 Order, counsel for the Attorney
General's Office responds that Wiley's petition
should be denied and dismissed because he is not due any
State provides Wiley's history, which we outline in
chronological order. On June 3, 2003, Wiley entered a plea of
guilty to two offenses. The Eighth Judicial District Court,
Cascade County, sentenced Wiley to a ten-year commitment to
the Department of Corrections (DOC) with eight years
suspended for the conviction of felony theft and a five-year
term for felony drug possession to run consecutively. Wiley
started serving his suspended portion of his sentence on
March 23, 2011.
after 2013, Wiley violated several conditions of his
probation. The State filed the first petition to revoke on
December 19, 2014, which was later dismissed. The State filed
a second petition to revoke on January 8, 2016. After an
evidentiary hearing on December 14, 2016, the District Court
revoked his suspended sentence and imposed an eight-year DOC
commitment with no time suspended (hereinafter 2016 sentence
upon revocation). The court also awarded Wiley credit for
seventy-eight days of credit for time served and two years of
street time credit. Wiley began serving his custodial
sentence on December 14, 2016. On January 31, 2017, Wiley was
transferred from Montana State Prison (MSP) to the Great
Falls Regional Prison.
State points out that during the time between the filing of
the second petition to revoke and his 2016 sentence upon
revocation when Wiley was serving his suspended sentence, he
committed other offenses. The State explains that in 2016,
Wiley was charged in five separate cases in Cascade County
District Court. Wiley entered a global plea agreement in
exchange for dismissal of two cases and amendment of charges
in two other cases. For the remaining three cases, Wiley pled
guilty to all felony charges and was sentenced as follows:
for criminal endangerment, a ten-year DOC commitment with
five years suspended; for drug possession, a five-year
suspended DOC commitment; and for drug possession, another
five-year suspended DOC commitment (hereinafter 2016
sentences). The District Court ran the 2016 sentences
consecutively. The court also gave Wiley credit for time
served in each of his 2016 sentences: ten days, two days, and
one day, respectively. The State adds that Wiley did not
appeal any of these sentences.
instant petition, Wiley contends that he is due an additional
credit of 324 days as applied to his sentence for criminal
endangerment from the Cascade County District Court. Citing
to § 46-18-403(1), MCA, Wiley states that he was
incarcerated on a bailable offense from December 14, 2016
through November 3, 2017, his sentencing date. He asks that
the DOC recalculate his sentence because his parole
eligibility and discharge dates have been extended.
State explains that Wiley is not due any more additional
credit toward any of his 2016 sentences because he was
serving his 2016 sentence upon revocation at the time of the
pending prosecution of his 2016 Cascade County cases. The
State points to Montana case law and statutes for the legal
conclusion that while an offender must be allowed credit for
each day of incarceration prior to a conviction, the
incarceration must be directly related to the offense or
subsequent imposed sentence. Section 46-18-403(1), MCA;
State v. Kime, 2002 MT 38, ¶ 16, 308 Mont. 341,
43 P.3d 290, overruled in part on other grounds by
State v. Herman, 2008 MT 187, ¶ 12, 343 Mont.
494, 188 P.3d 978. Here, the State contends that Wiley was
serving his 2016 sentence upon revocation when he was
transferred from MSP to the Great Falls Regional Prison for
his criminal proceedings in Cascade County District Court.
The State contends that Wiley is not due additional credit
for the time he spent in prison on his 2016 sentence upon
revocation because it is not directly related to his offenses
acquired in 2016. See State v. Damon, 2007 MT 276,
¶ 5, 339 Mont. 413, 170 P.3d 490 (This Court applied
§ 46-18-403(1), MCA, and held that Damon could only
receive credit for time served for the offenses directly
related to his incarceration where Damon's new sentence
and a sentence upon revocation ran consecutively.). The State
concludes that Wiley's petition should be denied because
the 324 days of incarceration applies to his 2016 sentence
upon revocation and not his consecutive 2016 sentences.
the State's arguments persuasive. Wiley is not due any
additional credit for time served, and he has not
demonstrated illegal incarceration. Section 46-22-101(1),
MCA. Wiley is not due any good time credit either. Good time
credit applies to sentences imposed before 1995. Section
53-30-105, MCA (1995) (Repealed 1997, 1995 Mont. Laws, ch.
372, sees. 12(2), 13). Wiley has received all the credit he
is due, and his sentence does not need to be recalculated.
Therefore, IT IS ORDERED that Wiley's Petition for a Writ
of Habeas Corpus is DENIED and DISMISSED.
Clerk is directed to provide a copy of this Order to counsel
of record ...