Peña v. State

¶1 Marcellino Peña (Peña) appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, dismissing his petition for postconviction relief. We affirm.

¶2 The following issue is presented on appeal:

¶3 Did the District Court err in dismissing Peña’s petition for *350postconviction relief which alleged that the District Court lacked statutory authority, and thus, subject matter jurisdiction, to sentence Peña to more than five years to the Department of Corrections (DOC)?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Peña was seventeen years old when, on October 31,1998, he was…