Opinion
OP 22-0152
04-26-2022
HERMAN DUANE BELGARDE, JR. Petitioner, v. CAPTAIN VALDEZ, Respondent.
ORDER
Herman Duane Belgarde Jr. has filed his second Petition for Writ of Habeas Corpus in as many weeks. We dismissed his first Petition without prejudice because there was no final, written judgment included to address his claims. Belgarde v. Cpt. Valdez, No. OP 22-0140, Order (Mont. Mar. 29, 2022). Belgarde is incarcerated in the Yellowstone County Detention Facility.
In his instant Petition, Belgarde indicates that both his sentence and incarceration are illegal. He states that he has "'been designated/labeled as a 'violent-offender/ and ordered to register as a 'violent-offender' for life." He contends that this designation is illegal. He requests that he be removed from the violent offender registry.
Belgarde has not presented a prima facie case for habeas corpus relief. Miller v. Eleventh Judicial DisL Ct., 2007 MT 58, % 14, 336 Mont. 207. 154 P.3d 1186. Belgarde does not list the District Court or cause numbers for his criminal cases. He does not include supporting documents for his claim.
A person imprisoned or otherwise restrained of liberty "may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment or restraint." Section 46-22-101(1), MCA. Belgarde cannot find relief through this remedy here. His claim about the requirement to register as a violent offender does not go to the eause of his incarceration. Gates v. Missoula Cnty. Commr's, 235 Mont. 261, 766 P.2d 884 (1988). We reiterate that Belgarde's remedy concerning his claims may be a timely appeal of his recent conviction and sentence with this Court after he receives a final written judgment. Section 46-20-104(1), MCA. Accordingly.
IT IS ORDERED that Belgarde's Petition for a Writ of Habeas Corpus is DENIED and DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel of record, to Captain Valdez, and to Herman Duane Belgarde Jr. personally.