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State v. Placzkiewicz12/11/2001
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John Larson, Judge presiding.
COUNSEL OF RECORD:
Submitted on Briefs: April 5, 2001
Alan M. Placzkiewicz (Alan), by counsel, appeals from the District Court's February 2, 2000 order denying his request to file a petition for post-conviction relief. The sole issue which we consider is whether the District Court properly concluded that post-conviction relief was time-barred. We hold that, as a matter of law, the trial court's decision was correct. Accordingly, we affirm.
Background
On July 23, 1992, Alan was sentenced on his plea of guilty to felony arson to serve 20 years in the Montana State Prison, with 15 years suspended on various conditions. Alan was later released from prison to begin serving the suspended portion of his sentence. On February 8, 1995, as a result of a petition filed by the Missoula County Attorney, the District Court revoked Alan's suspended sentence and ordered him to serve 15 years at the Montana State Prison with all time suspended on conditions.
On February 13, 1995, the Missoula County Attorney again petitioned to revoke Alan's suspended sentence. The District Court granted this petition on February 27, 1995. In this second revocation proceeding, the court imposed a term of 15 years in the Montana State Prison, with 10 years suspended on various conditions. Alan was later released from prison to begin serving the suspended portion of this sentence.
In February 1998, the Missoula County Attorney's office once again filed a petition to revoke Alan's suspended sentence for violating the rules of his probation. For a third time the District court revoked Alan's suspended sentence and, this time, required him to serve 10 years in the Montana State Prison, with all but three days suspended on various terms and conditions. Two months later, on April 9, 1998, and for a fourth time, the Missoula County Attorney petitioned to revoke Alan's suspended sentence. This petition culminated with the District Court issuing a judgment sentencing Alan to a term of 10 years in the Montana State Prison with no time suspended. This sentence was affirmed by the Sentence Review Division on September 1, 1998.
The record reflects that Alan then filed various pro se documents with the District Court attempting to obtain other documents and discovery. As a result, the District Court requested the Missoula County Public Defender's Office to represent Alan. However, because of a conflict the Public Defender referred Alan's case to William Boggs, Alan's present counsel.
On October 18, 1999, Boggs filed a "Request for Hearing on Post-Judgment Representation" indicating that Alan wanted to "challenge his original 1992 conviction by way of a petition for post-conviction relief, alleging ineffective assistance of then-appointed counsel . . . ." In this request for hearing, Boggs expressed several concerns, one of which was that Alan's post-conviction petition would be time-barred under ยง 46-21-102, MCA (1991).
Following a hearing on his request, the District Court authorized Boggs to file a brief on the statute of limitations issue without filing a post-conviction petition. Subsequently, Boggs filed his memorandum of law on December 23, 1999, arguing that the statute of limitations should be tolled. The State responded, and on February 2, 2000, the District Court entered its order denying Alan's request to file a petition for post-conviction relief on the basis that such a petition would be time-barred. Alan timely appealed.
We conclude that the District Cou
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