Opinion
OP 22-0613
11-15-2022
JONATHAN WORK, Petitioner, v. STATE OF MONTANA, and JAMES SALMONSEN, Warden, Montana State Prison, Respondent.
ORDER
Jonathan Work has filed a Petition for Writ of Habeas Corpus, contending that his charges should be dropped or his sentence reduced because he "was unfairly sentenced to 5 years . . . Work does not include a copy of his sentencing judgment.
Work explains that he should have been charged as a misdemeanor, not a felony, because he did not stalk. He contends that he should have had a trial and that it was a mistake to receive a felony for a first offense. He states that he "was mentally ill and suffering from psychosis and delusion." He further contends that the Montana Codes are wrong. Work also indicated in his Petition that the Board of Pardons and Parole incorrectly denied him parole.
Available electronic records indicate that on June 27, 2019, the State of Montana charged Work with felony stalking (first offense when the offender violates an order of protection). On February 18, 2020, the Gallatin County District Court committed Work to the Department of Health and Human Services for felony stalking, pursuant to § 45 5 220(1), MCA (2019), for a five-year term. The court did not suspend any of the commitment. The court awarded Work 255 days of credit for time served.
Work has not demonstrated an illegal sentence. Work was charged with a felony after the Montana Legislature revised the statute in question in 2019. Section 45 5 220(4)(b), MCA, provides that "for a first offense when the offender violated any order of protection, . . . the offender shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both." The effective date of this statute was May 2, 2019. 2019 Mont. Laws Ch. 255, § 2.
We reviewed the Protection Order, filed June 6, 2019, in the Ravalli County Justice Court, as well as the Protection Order Return of Service. Work committed the offense after the effective date of May 2, 2019, and § 45-5-220(4)(b), MCA, applies to him. The Protection Order Return of Service indicates it was served on Work in Missoula on May 25, 2019. Work contends that he was not served with a copy of the Protection Order, issued on June 4, 2019, and set to expire on June 4, 2022. Work brings any claim about service of protection orders too late and through the wrong remedy. Section 46-22-101 (2), MCA.
Turning to his claim regarding the denial of parole, Work is mistaken. He has not demonstrated that the Board violated his due process rights. According to the available case disposition, the Board denied his parole after his appearance in September 2022, due to the nature and/or severity of the offenses. Work has a reappearance in March 2023 before the Board.
Work is not entitled to dismissal of the charges or a sentence reduction. He has a facially valid sentence. He is not entitled to habeas corpus relief. Accordingly, IT IS ORDERED that Work'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 Jonathan Work personally.