Opinion
OP 23-0172
03-28-2023
FORREST SCOTT SMART, Petitioner, v. JAMES SALMONSEN, Warden. Montana State Prison, Respondent.
ORDER
Forrest Scott Smart has filed a Petition for Writ of Habeas Corpus, claiming his incarceration is illegal because his sentence was improperly revoked by the District Court.
For context. Smart was convicted in 2007 of two counts of sexual intercourse without consent and sentenced to the Montana State Prison (MSP) for two, concurrent terms of twenty years with ten years suspended Smart appealed, challenging probationary conditions We affirmed a polygraph testing condition, but reversed with instructions for the District Court ''to strike the alcohol conditions from Smart's sentence" State v Smart, 2009 MT 1, ¶ 17, 348 Mont 274, 201 P.3d 123 In 2010, we affirmed the District Court's denial of his petition for post-conviction relief Smart v State, No DA 12-0480, 2013 MT 224N, ¶¶ 9-10, 2013 Mont LEXIS 316 In 2020, the State sought revocation of Smart's sentence for failure to obtain sex offender treatment After hearing, the District Court found that Smart violated the terms and conditions of his sentence and revoked it, imposing two, concurrent ten-year terms to MSP with credit for street time from April 16, 2016 to March 25, 2020.
Smart did not avail himself of an appeal from his revocation, but attempts to challenge the revocation in this proceeding by arguing he did not violate his conditions, but he cannot properly pursue such relief. Smart is precluded from challenging his revocation and sentence through the remedy of habeas corpus under Montana law. Section 46-22-101(2), MCA. Smart cannot demonstrate a facially invalid sentence. Therefore, IT IS ORDERED that Smart'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 Forrest Scott Smart personally.