Opinion
OP 23-0507
10-03-2023
JOSHUA ROBERT PAROCAI, Petitioner, v. JIM SALMONSEN, WARDEN. MSP. Respondent.
ORDER
Representing himself. Joshua Robert Parocai has filed a Petition for Writ of Habeas Corpus, indicating that he is entitled to more jail time credit than he received. He states that he was not credited time served "while incarcerated in [the] Cascade County Detention Center." He adds that the time he seeks is for the months of February 2021 through April 2021. Parocai does not include any supporting documentation.
Available electronic documents indicate that Parocai has two sentences with the Department of Corrections (DOC) from the Cascade County District Court. On July 6, 2016, the District Court held a sentencing hearing for the amended count of felony criminal endangerment and imposed a five-year, suspended DOC term. On April 30, 2018. the District Court held an evidentiary hearing for Parocai's violations of his probationary term. The court concluded that Parocai had violated his terms and conditions and revoked his prior suspended sentence. The court imposed another five-year, suspended DOC term. This Court provides this history to point out that Parocai was serving a suspended sentence when he was charged with a new crime in 2020.
Turning to the sentence at issue, we secured copies of the charging document, the written judgment, and register of actions. On December 28, 2020. the State of Montana charged Parocai with aggravated sexual intercourse without consent, committed on or about December 19, 2020, in Cascade County. The register of actions reflects that the Information was filed on December 30, 2020, and that the District Court issued an order setting arraignment for January 25, 2021. The court's docket also shows several bail modification hearings as well as issuance of arrest warrants, indicating that Parocai was in and out of jail. The court issued an arrest warrant on February' 8, 2021. with service three days later. The court reduced bond on April 8, 2021, The court issued a second warrant on May 4, 2022.
The District Court accepted Parocai's guilty plea to felony sexual assault on June 5, 2023. and held the matter for sentencing. The District Court imposed a twenty-five-year prison sentence with ten years suspended, to run concurrently with his other sentences. The court awarded 248 days of credit for time served but did not give the dates.
Parocai received more than eight months of credit for time served. He does not provide any documentation to show that the additional time he now seeks was not included in the 248 days of credit. This Court has no obligation to perform a litigant's research for a party. State v. Humphrey, 2008 MT 328, ¶ 12. 346 Mont. 150. 194 P.3d 643.
Based on this limited information, Parocai has not demonstrated that he is illegally incarcerated. Section 46-22-101(1). MCA. Therefore, IT IS ORDERED that Parocai's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
The Clerk is directed to provide a copy of this Order to counsel of record and to Joshua Robert Parocai personally.