H. Grimes v. Cpt. Hash ( 2023 )

ORIGINAL 03/21/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 23-0159
OP 23-0159
HEATH ALAN GRIMES,
Petitioner,
v. ORDER
CAPTAIN HASH,
Respondent.
Heath Alan Grimes petitions this Court for habeas corpus relief, indicating that his
sentence and incarceration are illegal. Grimes states that he "was convicted on all []
mentioned offenses due to Ineffective Assistance [of] Counsel." Grimes is currently placed
at the Missoula Assessment Sanction Center, or MASC.
Available electronic records indicate that the Seventh Judicial District Court,
Dawson County, issued four written judgments in 2022. On March 15, 2022, the District
Court sentenced Grimes for three separate criminal cases. The court imposed a two-year
sentence for felony violation of an order of protection to the Department of Corrections
(DOC) to run concurrently with his two-year DOC sentence for felony violation of an order
of protection (first two sentences). The court imposed a two-year DOC commitment, all
suspended, for Grimes's third conviction of felony violation of an order of protection, to
run-consecutively to his first two sentences (third sentence). Lastly, on October 4, 2022,
the court accepted Grimes's guilty pleas to two counts of felony violation of an order of
protection and felony tampering with a witness. For the violation convictions, Grimes
received a two-year sentence to the Montana State Prison (MSP), all but ten days
suspended, and he received a two-year suspended sentence to MSP for the tampering
conviction. The prison sentences run concurrently with each other but consecutively to his
• first two sentences and concurrently with his third sentence. Grimes has a total sentence
of less than four years, followed by a two-year suspended term.
Grimes posits he did not ‘" knowingly and purposely" violate a Protection Order.
Grimes requests that this Court vacate his entire sentence as well as grant his immediate
release from any DOC facility or pre-release center. Grimes contends that his federal and
state rights, including due process rights, were violated, resulting in wrongful convictions
and sentences. Grimes goes through a two-year history and blames his attorney along with
the protected adult person in the protection order in his list of "Conclusive Facts."
Habeas corpus allows an applicant an opportunity to challenge collaterally the
legality of his present incarceration. Section 46-22-101(1), MCA. Habeas corpus does not
allow an applicant, such as Grimes, to challenge his convictions. Grimes raises issues that
he could have raised in an appeal. By not appealing, he is precluded from raising issues
challenging the facts leading to his convictions in a writ of habeas corpus. Section
46-22-101(2), MCA. Grimes is not entitled to habeas corpus relief.
Grimes retains the remedy of seeking postconviction relief in the District Court. See
§§ 46-21-101, through 46-21-111, MCA. Grimes may raise his claims of ineffective
assistance of counsel in a petition filed with the sentencing court within a year from when
his conviction becomes final. Section 46-21-101(1)(a), MCA. Therefore,
IT IS ORDERED that Grimes's Petition for Writ of Habeas Corpus is DENIED and
DISMISSED.
The Clerk ot'the Supreme Court is directed to provide a copy of this Order to counsel
of record, to Captain Hash and to Heath Alan Grimes personally.
DATED this Z-A, day of March, 2023.
Chief Justice
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,e JUL
Justices
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