ORIGINAL 10/23/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 24-0587

OP 24-0587 FILED TY REED ORSBORN, ocT 2 3 2024 Bowen Greenwood Petitioner, Clerk of Supreme Court State of Montana

v. ORDER JIM SALMONSEN, WARDEN, MONTANA STATE PRISON, Respondent.

Ty Reed Orsborn petitions this Court for habeas corpus relief and states that the Nineteenth Judicial District Court, Lincoln County, did not provide his credit for time served. In his Petition, Orsborn requests 81 days of credit toward his sentence and credit for time served from April 2, 2022 to October 14, 2022. Orsborn provides no copies of a sentencing judgment.

Available electronic records indicate that the Lincoln County District Court issued an Order for Deferred Imposition of Sentence on September 12, 2022. The court accepted Orsborn's guilty plea to felony criminal endangerment and deferred his sentence for a period of five years. The court also stated that if Orsborn's probation were revoked, he shall receive credit for time served for 81 days.

On January 3, 2024, the State filed its first Petition to Revoke Probation followed by the July 8, 2024 filing of an Amended Petition to Revoke Probation. Orsborn admitted violating the conditions, and the court revoked his sentence. On August 12, 2024, the court sentenced Orsborn to the Montana State Prison for a five-year term. The court awarded days of credit from time served as well as 120 days' credit for elapsed time or street time.

Orsbom appears mistaken. The District Court awarded Orsbom credit in the recent sentence upon revocation. Orsbom has not demonstrated otherwise. Orsborn may request a copy of his sentence calculation while at MSP.

Orsbom has a valid sentence. He is not entitled to habeas corpus relief. Section 46- 22-101(1), MCA.

IT IS ORDERED that Orsborn's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.

IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.

The Clerk is directed to provide a copy of this Order to counsel of record and to Ty Reed Orsbom personally.

DATED this day of October, 2024.

Chief Justice

tad