Opinion
OP 24-0258
05-14-2024
BOBBY FRANCIS LOWRY, Petitioner, v. CAPTAIN HASH, Respondent.
ORDER
Self-represented Petitioner Bobby Francis Lowry has filed a Petition for Writ of Habeas Corpus, alleging illegal restraint in the Missoula County Detention Center.
Lowry explains that he was restrained in the Lewis and Clark County Detention Center on a First Judicial District Court case when he was served with a warrant on March 21, 2022, from the Missoula County District Court. He puts forth that his 2022 charges in the Missoula County District Court (Cause No. DC-2022-158) concern the same person or people as his 2021 charges in the Lewis and Clark County District Court (Cause No. BDC 2021-178). He states that his initial appearance was delayed because he was not allowed to appear timely for his arraignment on the Missoula County charges from the Lewis and Clark County Detention Center. He contends that he "was forgotten" without an appearance there, adding "on November 10, 2022, 268 days after [the service of the warrant,] the Petitioner was served with the Missoula County criminal allegations." He further contends that the victim. C.W., was listed in both charging documents. Lowry includes copies of the charging documents from both courts as well as other e-mail correspondence.
Lowry, through counsel, has two appeals of criminal cases pending in this Court. See State v. Lowry, No. DA 23-0604, conviction and sentence for accountability for aggravated assault from Lewis and Clark County District Court (Cause No. BDC 2021-537) and State v. Lowry, No. DA 23-0725, conviction and sentence for felony partner or family member assault (Cause No. BDC 2022-131).
According to the attached Affidavit, this victim, C.W., resides in Helena, Montana, and has a property in Seeley Lake, Montana.
This Court secured copies of the register of actions and pertinent documents from both counties. Both cases charged theft and deceptive practices by common scheme, arising from Lowry's alleged actions in contracting with numerous individuals to perform / construction work in either Lewis and Clark or Missoula County for which he was paid but which he failed to complete. The Lewis and Clark County case was completed when, on April 26,2024, the District Court issued its Judgment on Lowry's plea, committing him to the Department of Corrections (DOC) for a suspended, five-year term and awarding credit for time served from March 31, 2021 to March 7, 2024 (Cause No. BDC 2021-178). The District Court ran this sentence concurrently "with all the other cases the Defendant is currently serving."
In the pending Missoula County District Court case, Lowry is represented by counsel, as supported by his copies of the attached e-mails. As Lowry mentions, his attorney moved for dismissal due to impermissible delay of the proceeding. The District Court set a hearing on the motion for February 10, 2023, requiring that Lowry be transported and noting that he "was seen on the Missoula County warrant-by the Lewis and Clark County[] Justice of the Peace on multiple occasions after being served the warrant, namely March 25, 2022, March 28, 2022, and April 6, 2022 in Lewis and Clark County[.]" Since then, the court has held several hearings, resetting the pre-trial conference on April 2, 2024. Lowry was detained in the Lewis and Clark County Detention Center until recently.
Given that the Missoula County District Court has not entered a final judgment for Lowry's criminal case, his remedy is not yet with this Court. Lowry raises issues that are not redressable in a writ of habeas corpus. Lowry's remedy would be an appeal of the convictions and sentences from each District Court, if and.to the extent any appeal issues are or were reserved at the time of a guilty plea. Lowry is not entitled to habeas corpus relief. S ection 46-22-101(1), MCA.
IT IS THEREFORE ORDERED that Lowry's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
The Clerk is directed to provide a copy of this Order to: the Honorable John W. Larson, District Court Judge; Amy McGhee, Clerk of District Court, Missoula County, under Cause No. DC-22-158; Andrew Jenks, Missoula County Attorney's Office; Scotti L. Ramberg, Defense Counsel; counsel of record; the Appellate Defender Division, and Bobby Francis Lowry personally.