Kendal v. Short ( 2021 )


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  •                                                                                           09/14/2021
    IN THE SUPREME COURT OF THE STATE OF MONTANA                              Case Number: OP 21-0427
    OP 21-0427
    FILED
    JEREMIAH KENDALL,                                                           SEP 14 2021
    Bowen Greenwood
    Cle rk of Spreme
    u      Court
    Petitioner,                                                   State of Montana
    v.
    ORDER
    DARREN SHORT,
    Lincoln County Sherriff,
    Respondent.
    Jeremiah Kendall petitions this Court for habeas corpus relief, contending illegal
    incarceration because of his harsh sentence for escape. Kendall states that the Lincoln
    County District Court sentenced him to ten years without parole for the conviction of
    escape after being "sentenced to house arrest for 12 days and was supposed to turn
    [himself] in on April 9th." He explains that rather than tuming himself in, he left his house
    "and hid in the woods until caught." Kendall requests reduction of his sentence and a
    sentence review.
    We requested and reviewed the register of actions as well as the sentencing
    judgment from the District Court. Kendall entered a plea of guilty to felony escape on
    May 3, 2021, and the District Court held a sentencing hearing. The court sentenced
    Kendall to the Montana State Prison for ten years with a parole ineligibility restriction and
    awarded thirty-eight days of credit for time served. The court gave its reasons for the
    sentence.
    1. The sentence takes into account the circumstances surrounding this
    offense including:
    a. Less than 14 days before his escape, Defendant had been
    sentenced pursuant to his guilty plea to aggravated assault on his
    former girlfriend and tampering with evidence.
    b. At the time of his sentence the court was forced to implement
    COVID protections which included home arrest and
    self-surrender.
    c. Defendant did not simply miss a date or was late for an
    [appointment]. He absconded and went into active hiding.
    d. For over a week there was an active man hunt placing law
    enforcement, Defendant himself, and other members of the
    community that Defendant involved in his escape at risk.
    e. The Defendant's conduct here is not an isolated incident. His
    criminal history demonstrates he is unable to be successful on
    community supervision.
    f. The   seriousness of the offense and the Defendant's criminal
    history warrant a restriction on his parole eligibility.
    [Judgment] and Sentence, at 2-3 (Mont. Nineteenth Judicial Dist. Ct. May 26, 2021).
    A district court's sentencing authority is found in statutes. Section 45-7-306(3)(b),
    MCA, provides that: "A person convicted of the offense of escape shall be[] . . . imprisoned
    in the state prison for a term not to exceed 10 years if the person escapes after having been
    with or convicted of a felony[.]" Here, the District Court referenced Kendall's recent
    convictions and sentence.' "[Section] 46-18-202(2), MCA, does allow sentencing judges
    to render a convicted person ineligible for parole if his or her sentence is for more than one
    year[.]" State v. Burch, 
    2008 MT 118
    , ¶ 26, 
    342 Mont. 499
    , 
    182 P.3d 66
    . Section 46-18-
    202(2), MCA (2019), states that "the sentencing judge may impose the restriction that the
    offender is ineligible for parole . . . ." This Montana statute also provides that the court
    must give its reasons for the restriction, including "that the restriction is necessary for the
    protection of society[.]" Section 46-18-202(2), MCA (2019). The District Court listed the,
    circumstances for the sentence and the reason for his parole ineligibility. Kendall's
    sentence is facially valid. On June 11, 2021, Kendall received an application for sentence
    review and may pursue other review with the Sentence Review Division.
    Besides the Lake County matters, Kendall also has a 2016 felony conviction for tampering with
    witnesses and informants where the Missoula County District Court imposed a prison sentence.
    2
    Kendall is not entitled to a writ of habeas corpus. He has not demonstrated illegal
    incarceration. Section 46-22-101(1), MCA. Accordingly,
    IT IS ORDERED that Kendall's Petition for Writ of Habeas Corpus is DENIED.
    The Clerk is directed to provide a copy of this Order to Sheriff Darren Short, Lincoln
    County; to counsel of record, and to Jeremiah Kendall personally.
    DATED this )4 /1:ky of Septernber, 2021.
    Chief Justice
    )14 Al J UL.-
    Justices
    3
    

Document Info

Docket Number: OP 21-0427

Filed Date: 9/14/2021

Precedential Status: Non-Precedential

Modified Date: 9/15/2021