Opinion
OP 22-0208
05-10-2022
BRYAN HUGH HINDMAN, Petitioner, v. PETE BLUDWORTH, Warden, Crossroads Correctional Center, Respondent.
ORDER
Bryan Hugh Hindman has filed a Petition for Writ of Habeas Corpus, contending that he is due an additional 571 days of street time credit along with the 1, 254 days of credit he received in a September 9, 2021 judgment, imposing a sentence upon revocation, issued in the Fourth Judicial District Court, Missoula County. Hindman includes copies of the sentencing judgments and sentence calculations.
Upon review of this Court's docket, we observe that Hindman has an appeal pending of this same judgment. State v. Hindman, No. DA 21-0548, Notice of Appeal filed Nov. 3, 2021. Hindman has counsel to represent him in this appeal, and briefing has not begun. The remedy of habeas corpus is not a substitute for a direct appeal of a conviction and sentence. An appeal is the proper forum to in which to litigate the issues. State v. Wright, 2001 MT 282, ¶¶ 36-37, 307 Mont. 349, 42 P.3d 753.
Without reaching the merits, we must dismiss Hindman's petition for habeas corpus relief. Accordingly, IT IS ORDERED that Hindman's Petition for Writ of Habeas Corpus is DISMISSED, without prejudice.
The Clerk is directed to provide a copy of this Order to counsel of record; to Chad M. Wright, Appellate Defender Division; to Kirsten H. Pabst, Missoula County Attorney; and to Bryan Hugh Hindman personally.