Matter of Morlock

Gus E. Morlock appeals from an order of the District Court for the Fifth Judicial District in Jefferson County, Montana, which recommitted him to the Montana Developmental Center. Morlock seeks reversal of the order of recommitment based on his assertion that the Department of Corrections filed an untimely petition for recommitment under § 53-20-128, MCA. We reverse.

The dispositive issue on appeal is whether the petition for recommitment was filed in an untimely manner under § 53-20-128, MCA.

On July 31, 1991, the District Court for the Second Judicial District, Silver Bow County, committed…