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State v. Osborne10/25/2005
l. Lenihan, 184 Mont. at 339, 343, 602 P.2d at 1000; State v. Hatfield (1993), 256 Mont. 340, 346, 846 P.2d 1025, 1029. Here, Osborne contends that the court exceeded the statutory mandate of § 61-8-731, MCA (2003), when it sentenced him as a persistent felony offender. Osborne's challenge to the legality of his sentence could have been raised on direct appeal. Accordingly, this Court may not consider his argument in this proceeding for post-conviction relief. Section 46-21-105(2), MCA (2003). "We have consistently applied this statutory bar in order to prevent the abuse of post-conviction relief by criminal defendants who would substitute those proceedings for direct appeal." Basto, 15 (internal quotations and citation omitted). We do so again.
We will not reverse the District Court when it reaches the right result, even if for the wrong reason. State v. Veis, 1998 MT 162, 16, 289 Mont. 450, 16, 962 P.2d 1153, 16; see also Peña, 38 (affirming dismissal of a petition for post-conviction relief on grounds other than those relied on by the district court). Accordingly, we conclude that the District Court did not err in dismissing Osborne's petition for post-conviction relief.
We affirm.
W. WILLIAM LEAPHART
We concur:
KARLA M. GRAY
PATRICIA O. COTTER
JAMES C. NELSON
JIM RICE
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