Opinion
OP 23-0511
10-03-2023
MICHEAL A. PARKER. Petitioner, v. MARK JOHNSON, Respondent.
ORDER
Micheal A. Parker petitions this Court for habeas corpus relief, indicating that his incarceration is illegal because he feels that he is "being held on no violations of the PreRelease program nor of the conditions of Probation and Parole." He adds that he fully complied with Judge [Grubich's] Orders." Parker requests reinstatement of his conditional release on parole and that he be allowed to go to Sober Living. Since the filing of his Petition, Parker has been moved from the Butte-Silver Bow County Detention Center to S.T.A.R.T. in Anaconda.
On June 15, 2022, the Cascade County District Court held a sentencing hearing for Parker's conviction of felony aggravated assault and imposed a fifteen-year sentence to the Department of Corrections with five years suspended. The court awarded 326 days of credit for time served. Through appellate counsel, Parker has an appeal pending for this conviction and sentence. State v. M. Parker, No. DA 22-0528. Briefing has not yet begun.
Mindful of Parker's pending appeal, this Court points out that a conditional release on parole or probation may be revoked. A conditional release or discharge may be revoked upon a charge of a new offense or any violation of a court's condition. See § 46-23- 1020(3)(a), (b), or (c), MCA. Parker does not provide any supporting documentation relating to his claim for reinstatement of conditional release. Parker has not demonstrated illegal incarceration. Section 46-22-101 (1), MCA. Accordingly, IT IS ORDERED that Parker's Petition for Writ of Habeas Corpus is DISMISSED without prejudice.
The Clerk is directed to provide a copy of this Order to: Kristina L. Neal and Chad A. Wright, Appellate Defender Division; Joshua A. Racki, Cascade County Attorney; counsel of record, and Micheal A. Parker, S.T.A.R.T., 801 MT HWY 48, Anaconda, MT, 59711.