Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wiley v. Guyer

Supreme Court of Montana

June 4, 2019

KEITH E. WILEY, Petitioner,
v.
LYNN GUYER, Warden, Montana State Prison, Respondent.

          ORDER

         Representing 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 additional credit.

         The 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.

         Sometime 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.

         The 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.

         In his 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.

         The 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.

         We find 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.

         The Clerk is directed to provide a copy of this Order to counsel of record ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.