ORIGINAL 11/12/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 21-0553
OP 21-0553
FILED
WESLEY W. CHARLO,
NOV 12 2021
Bowen Greenw000
Petitioner, Clerk of Supreme Coun
State of Montana
v.
ORDER
SHERIFF T.J. MCDERMOTT,
MISSOULA COUNTY DETENTION CENTER,
Respondent.
Wesley W. Charlo has filed a Petition for Writ of Habeas Corpus, explaining that
his first two felonies are fourteen years apart and that he should not have received a 2012
conviction for failure to register as a violent offender, pursuant to State v. Sedler, 2020 MT
246, 401 Mont. 437, 473 P.3d 406. See also § 46-23-506, MCA (1995). Charlo contends
that he was not convicted of a felony from May 1997 through May 2007, yet the Lake
County District Court concludes that he had four felonies during that window. We located
judgments for Charlo's sentences upon revocation imposed in 2000, 2004, and 2005. We
amend the caption to indicate where Charlo is currently incarcerated and by whom.
Sections 46-22-201(1)(c), and 46-22-205(1), MCA. Upon review, we deem it appropriate
to require a response. Therefore,
IT IS ORDERED that the Attorney General or counsel for the Department of
Corrections is GRANTED thirty days from the date of this Order in which to prepare, file,
and serve a written response to the petition for writ of habeas corpus together with any
appropriate documentary exhibits.
The Clerk of the Supreme Court is directed to provide a copy of this Order to the
Attomey General; to counsel for the Department of Corrections; and to Petitioner
personally.
+41
DATED this 14. — day of November, 2021.
S 24 /4
Justice