Comes v. State
2021 ND 107
| N.D. | 2021Background
- In 1996 Comes pled guilty to robbery (Class A) and murder (Class AA) and was sentenced to life with parole; the judgment expressly granted 307 days credit for time served pre-sentencing.
- Comes repeatedly challenged his criminal judgment in prior proceedings; this appeal follows a 2020 post-conviction application.
- In October 2020 Comes sought post-conviction relief arguing he was denied (1) sentence reductions for "good time" and (2) credit for 307 days held in custody before sentencing.
- The State moved to dismiss; the district court dismissed the petition, holding the Department of Corrections has exclusive authority over good-time credits and that Chapter 29-32.1 post-conviction relief does not remedy administrative or custodial treatment after sentencing.
- Comes appealed; the North Dakota Supreme Court affirmed the dismissal.
Issues
| Issue | Comes' Argument | State's Argument | Held |
|---|---|---|---|
| Whether Comes is entitled to judicially-ordered "good time" sentence reductions | Comes: Earned good time should reduce his sentence | State: Good-time computation is an administrative function of DOC; post-conviction relief under Ch. 29-32.1 is not available for post-sentencing administrative decisions | Court: Dismissed; good-time credits are exclusively administrative (State v. Trieb) and not remediable via Ch. 29-32.1 |
| Whether Comes was denied credit for 307 days pretrial custody | Comes: Not receiving credit for 307 days custody before sentencing | State: The second amended judgment expressly provides the 307 days credit; any administrative execution issue is outside Ch. 29-32.1 relief | Court: To the extent Comes attacks the judgment, it already grants 307 days; to the extent he attacks DOC administration, Ch. 29-32.1 is not a remedy |
Key Cases Cited
- State v. Trieb, 516 N.W.2d 287 (N.D. 1994) (computation and crediting of good-time is an administrative responsibility of DOC)
- State v. Aqui, 721 P.2d 771 (N.M. 1986) (administrative control over good-time credits supports judicial deference)
- Comes v. State, 907 N.W.2d 393 (N.D. 2018) (procedural history of Comes' collateral challenges and prior dispositions)