Parole eligibility

2000 MT 324
303 Mont. 8
15 P. 3d 884
CRISS A. CASE,v..
MIKE MAHONEY, Warden, Montana State Prison,
He argues that he has been incorrectly declared ineligible for parole and
petitions this Court for a writ of habeas corpus directing the Warden of the Montana State Prison to declare him eligible.Therefore, while the two conditions in § 46-23-201(1)(a), MCA (1978), are in apparent conflict, they can be harmonized in a way that comports with the intent of the legislature. Section 46-23-201(1)(a), MCA (1978), must be read as establishing a general one quarter less good time rule subject to a seventeen and one-half year outer limit on parole eligibility for nondangerous offenders. Under this interpretation, Case became eligible for parole after serving seventeen and one-half years of his
sentence. He has already served over twenty years.
THEREFORE, IT IS HEREBY ORDERED that Case's writ of habeas corpus is GRANTED.