T. Owens v. C. Kowalski ( 2023 )

06/27/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 23-0323
OP 23-0323
FLIL.f,D
TRAVIS LEE OWENS, JUN 2 7 2023
Bowen Grr,..enwood
Petitioner, Clerk cf Su7rerne Court
State of Montana
v. ORDER
CAPTAIN JASON KOWALSKI,
Respondent.
Travis Lee Owens petitions this Court for habeas corpus relief, contending that his
sentence is longer than the law allows, making his incarceration illegal. Owens requests a
reduction of his sentence or a rernand of his underlying proceeding to the District Court.
Owens includes a copy of the January 11, 2023 minute entry, which states that the
Lewis and Clark County District Court sentenced Owens to the DOC for six and a half years.
Owens states that his "6.5 year commitment to [the DOC] violates
[§] 46-18-201(3)(a)(iv)(A)[, MCA]" because the first five years of a commitment to the
Department of Corrections (DOC) "must be suspended." He adds that his "original sentence
was 6.5 years" to the Montana State Prison (MSP).
We secured copies of the relevant sentencing judgments. On March 23, 2022, Owens
appeared with counsel for a change of plea hearing. Owens pleaded guilty to the amended
charge of felony criminal endangerment, pursuant to a plea agreement, and waived his right
to a pre-sentence investigation report. The District Court sentenced Owens to MSP for a
term of six and a half years, with all time suspended and credit for tirne served of 259 days.
On August 31, 2022, Owens appeared with counsel to answer to the alleged violations
in the Report of Violation concerning his probationary term. The District Court revoked his
suspended sentence. The court held a sentencing hearing on January 11, 2023, and
cornrnitted Owens to the DOC for a term of six and a half years with none suspended, as
reflected in the minute entry. The District Court awarded credit for 259 days of time served
as well as 30 days of elapsed time.
Owens is mistaken in his argument because the District Court sentenced him upon
revocation, pursuant to § 46-18-203, MCA, not under § 46-18-201, MCA. Section
46-18-203(7)(a)(iii), MCA, provides that when "the judge fmds that the offender has violated
the terms and conditions of the suspended . . . sentence and the violation is not a compliance
violation, the judge may[] . . . revoke the suspension of sentence and require the offender to
serve either the sentence imposed or any sentence that could have been imposed that does not
include a longer imprisonment or commitment term than the original sentence[1" Here, the
District Court revoked Owens's prison term of a suspended six and a half years and imposed
a DOC term of an unsuspended six and a half years. The sentence upon revocation does not
impose a longer term and is valid under Montana law.
Owens has not demonstrated illegal incarceration. Section 46-22-101(1), MCA.
Owens is not entitled to a reduction of his sentence or a remand. Owens is precluded under
Montana law from challenging his sentence upon revocation through this remedy. Section
46-22-101(2), MCA.
IT IS THEREFORE ORDERED that Owens's Petition for Writ of Habeas Corpus is
DENIED and DISMISSED.
The Clerk is directed to provide a copy of this Order to counsel of record and to
Travis Lee Owens personally.
DATED this Z--9-- c—
lay ofJune, 2023.
Chief Justice
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