Opinion
OP 24-0406
07-16-2024
BOBBY FRANCIS LOWRY, Petitioner. v. CAPTAIN HASH, Missoula County Detention Center, Respondent.
ORDER
Bobby Francis Lowry petitions this Court for habeas corpus relief from a July 1, 2024 Fourth Judicial District Court judgment. The Missoula County District Court sentenced Lowry on June 19, 2024, for felony theft and felony deceptive practices to the Montana State Prison for consecutive, eight-year terms with five years suspended. The sentence runs consecutively to any other sentence. The court awarded 425 days of credit for time served "at the rate of $100.00 credit per day toward Defendant's fine."
Lowry contends that he is entitled to additional credit for time served and also contests the application of credit to his fines and fees. Lowry contends that he did not know the court would apply the credit in this manner and that the court did not mention it at sentencing.
Lowry was recently sentenced. He has the right to appeal from the judgment, and may timely do so on or before August 30, 2024. M. R. App. P. 4(5)(b)(i). In an appeal, Lowry also may move for appointment of counsel, and the entire record would be available for this Court's review.
IT IS THEREFORE ORDERED that Lowry's Petition for Writ of Habeas Corpus is DISMISSED without prejudice.
I l IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.
The Clerk is directed to provide a copy of this Order to counsel of record and to Bobby Francis Lowry V along with a copy of this Court's Appellate Handbook.