P. Emrich v. P. Bludworth ( 2023 )

j ORIGINAL 04/11/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 23-0113
OP 23-0113
PAUL ANTHONY EMRICH,
APR 1 1 2'23
Bovvy n G ar. /pod
Petitioner, . Court
State of kilontana
v.
ORDER
PETER BLUDWORTH, Warden,
Crossroads Correctional Center,
Respondent.
Paul Anthony Emrich has filed a Petition for Writ of Habeas Corpus, asserting that
he is due credit of 222 days for jail time served to be applied to his recent sentence from
the Missoula County District Court. He includes a copy of the Judgment and a sentence
calculation. In compliance with this Court's February 28, 2023 Order, the Attorney
General responds that Emrich is entitled to 218 days of credit.
The State provides more detail about Emrich's criminal history in the Missoula
County District Court that we now summarize. In open court on October 6, 2020, the
District Court sentenced Emrich in two different matters. The District Court revoked his
2015 sentence for felony aggravated assault based upon probation violations and sentenced
him to the Department of Corrections (DOC) for an unsuspended, eight-year term (sentence
upon revocation). The District Court awarded 1,268 days of street time credit and jail time
credit of 222 days in the Judgment for the sentence upon revocation. The court also
committed him to the DOC for his guilty plea to felony intimidation and imposed a
five-year sentence with no time suspended (Cause No. DC 20-109 or 2020 sentence). The
court ran the 2020 sentence concurrently to his sentence upon revocation. The court did
not mention any credit for time served.
Emrich argues that he was taken into custody on February 27, 2020, and that he
was sentenced on October 6, 2020. He requests amendment of the court's Judgment to
include credit of 222 days for time served.
The State explains that, based solely on the record of Emrich's 2020 sentence,
Emrich is entitled to an award of credit for time served of 218 days. The State points out
that when Emrich was arrested on February 27, 2020, it was for his probation violations
concerning his 2015 sentence and subsequent sentence upon revocation. The State explains
that Emrich made his initial appearance on March 3, 2020, when the court set bond at
$100,000 and that Emrich remained incarcerated until the October 6, 2020 sentencing date.
Given that a portion of Emrich's sentence is illegal, we conclude that remanding his
underlying matter to the District Court is proper. State v. Heafner, 2010 MT 87, ¶ 11, 356
Mont. 128, 231 P.3d 1087. The District Court should amend its May 26, 2021 Judgment'
to include the following:
The Defendant shall receive credit against his sentence for time
served in the amount of two hundred eighteen (218) days.
Accordingly,
IT IS ORDERED that:
1. Emrich's Petition for Writ of Habeas Corpus is GRANTED in part and Emrich's
underlying criminal matter, Cause No. DC 20-109, is REMANDED to the
Fourth Judicial District Court, Missoula County, to amend its May 26, 2021
Judgment, to reflect credit for time served as shown above; and
2. this matter is CLOSED as of this Order's date.
The Clerk of the Supreme Court is directed to provide a copy of this Order to: the
Honorable Jason Marks, District Court Judge; Shirley E. Faust, Clerk of District Court,
under Cause No. DC 20-
L1109; counsel of record, and Paul Anthony Emrich personally.
1.,
DATED this , --day of April, 2023.
Chief Justice
The District Court held the sentencing hearing on October 6, 2020, and the written
judgment was signed and filed on May 26, 2021.
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