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Boyden v. Salmonsen

Supreme Court of Montana

Jun 9, 2026

Judgment

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I^IV

IN THE SUPREME COURT OF THE STATE OF MONTANA

OP 26-0345

filed

ROBERT ALLEN BOYDEN,

JUM 0 9 2026

Petitioner,

ORDER

JAMES SALMONSEN, Warden, Montana State Prison, Respondent.

Robert Allen Boyden has filed a Petition for Writ of Habeas Corpus, indicating that the Department of Corrections has incorrectly calculated ^hissentence^and^that^he^isentitled to more credit for jail time served than he received. ^Heincludes sixty-nine pages^of attachments. For reasons detailed below, we conclude

that Boyden has a valid sentence and that he has not presented a prima facie case for ^thisCourt^toconsider. In his Petition, Boyden states "Credit for time served" ^andlists State^v.Kortan, 2022 MT 204 (emphasis in original). He further states "Facially illegal sentence" where he lists six of this Court's decisions. Finally, he writes "by not being able to complete boot camp as it is no longer offered."

As a Petitioner, Boyden bears the burden of proof or persuasion in an original proceeding, such as this. He has not met his burden or presented a prima facie case for habeas corpus relief. Miller v. Eleventh Jud. Dist. ^Ct,,²⁰⁰⁷^MT^58,^T[^14,³⁶⁶Mont.^207,

154 P.3d 1186. "The petition must set forth . . . [t]he

facts which^make^itappropriate^that the supreme court accept jurisdiction; [t]he particular

legal questions^andissues^...^to^be raised in the proceeding;... arguments and authorities ^...;^and^...exhibits^...necessary to make out a prima facie case or to substantiate the

petition^.^.^.^."^M.^R.^App.^P. 14(5)(b)(i-iv). (Emphasis added.) 06/09/2026

Case Number: OP 26-0345

This Court, however, has some familiarity with Boyden's procedural and sentencing history. Boyden has had three prior proceedings with ^thisCourt.^SeeBoyden^v.Mahoney, No. OP 07-0318, Order dismissing his petition for habeas corpus relief on his motion (Mont. Jul. 11, 2007) {Boyden F) and Boyden v. State ofMontana, No. OP 08-0440, Order denying his writ of mandamus because he could not demonstrate a clear legal duty for the Thirteenth Judicial District Court to provide him a copy of the file for his 1995 criminal case (Mont. Oct. 1, 2008) {Boyden IT).

Currently, Boyden has a 1997 sentence from the Yellowstone

County District Court and a 2016 sentence from the Yellowstone County District

Court. On May 13, 2025, this Court issued an Order after receiving a response from the State of Montana. Boyden v. Linder, No. OP 25-0048, Order (Mont. May 13, 2025) {Boyden III). We provide the history again.

Both Boyden and the State provide his history. Beginning

thirty years ago, on June 8, 1995, Boyden entered guilty pleas to

misdemeanor theft, felony theft, and felony escape in the Custer County

District Court.^The District Court deferred imposition of sentence of two,

concurrent, three-year terms for the felony convictions (Cause No. DC-1995-3701)

(first sentence). On February 27, 1997, the Yellowstone County District

Court accepted Boyden's guilty plea to accountability for

attempt (deliberate homicide) and sentenced him to the Montana State Prison (MSP) for a sixty-year term, awarding credit for time served of ⁴⁸⁷^days(Cause^No.^DC 95-654) (sixty-year sentence). The Yellowstone County

District Court^did not mention Boyden's first sentence. In less ftian two months, the Custer County District

Court^held^a dispositional hearing on the State's Petition to Revoke ^thedeferred imposition of sentence for Boyden. In its written April ^24,¹⁹⁹⁷Order^of Final Sentence, the Custer County District Court revoked ^thesentence^and sentenced Boyden to MSP for a ten-year term for felony

theft^to^run consecutively to his sixty-year sentence (first sentence ^uponrevocation). In a May 2, 2012 Order Granting Withdrawal of Guilty ^Plea^to^and Dismissing Count 3: Escape, the Custer County District

Court entertained

^ On October 19,1995, the Custer County District Court ^held^itsfirst hearing^on^the State's Petition to Revoke for the first sentence, ^and^thecourt extended^thedeferred imposition of sentence for an additional three years.

Boyden's request for relief where the State responded ^thatBoyden's deferred imposition of sentence for felony escape (Count 3) ^hadsince expired.^The District Court dismissed the conviction.

On December 21, 2016, the Yellowstone County District

Court committed Boyden to the Department of Corrections (DOC) ^forconcurrent terms of ten years with five suspended for two counts of felony robbery (Cause No. DC-14-0954). The District Court awarded 725 days of credit for jail time served and ran the sentence consecutively to his sixty-year sentence. Boyden III, at 1-2.

Several years later, Boyden sought relief in the District

Court^andchallenged^the running of his sentences. Boyden returned to the Custer County District Court ^forhabeas corpus relief in June 2020. Boyden argued that he received ^anillegal sentence upon revocation of his deferred sentence because ^of^theeffect^on his parole eligibility due to the consecutive nature ^of^hisfirst sentence^upon revocation and the sixty-year sentence. The court explained:

"[Boyden] contends that although the two sentences run consecutively, ^hebegan serving the ten-year sentence [first sentence upon revocation] ⁱⁿ2010,^once^he became parole eligible under the sixty-year sentence (by having served one-quarter of the sentence, or 15 years)." (Footnote

omitted). Citing^to § 46-18-40 l(l)(a), MCA (1995), the District Court denied Boyden's petition for habeas corpus relief

On March 5, 2025, the Custer County District Court

entertained Boyden's renewed Motion for Time Served and Correction ^andCompletion of Sentence.^ The District Court determined that Boyden had fully served his first sentence upon revocation after application ^ofState^v.Wolfblack, 2024 MT 166,13, 417 Mont. 376, 553 P.3d 9.

Boyden III, at 2.

Due to the recent Custer Boyden received relief last year. We stated as much. County District Court's Order on Defendant's Pro Se

Motion^for^TimeServed,^theState responds that Boyden has received relief" Boyden III, ^at^3.Boyden again^putsforth^that his sentence must be recalculated. His claim lacks

merit. "The State provides that Boyden ^ Last year, the Custer County District Court also

awarded Boyden fourteen^days of credit for time served after Boyden moved the court ^foradditional creditⁱⁿ^his first sentence upon revocation.

has served his first sentence upon revocation and that the MSP Records Department has recalculated his sentence." Boyden III, at 3. We deemed ^hisPetition^then^moot^anddenied it. Boyden 111,0X3.

Boyden cannot return with unsupported claims and arguments ^when^he received relief last year. He does not demonstrate ^how^he^isentitled^toadditional credit for time served with his sentences. Boyden is not entitled ^tohabeas corpus relief. Section 46-22-101(1), MCA.

We caution Boyden in seeking further relief with collateral attacks upon any of his current sentences in this Court. This Court will impose a pre-filing requirement upon his next original proceeding. Accordingly,

IT IS ORDERED that Boyden's Petition for Writ of Habeas

Corpus^isDENIED^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 ^tocounsel^ofrecord^and^to Robert Allen Boyden ^^sonally.

DATED this ^ day of June, 2026. hieiJustice

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