MATTER OF DAVIS

No. 14490.

587 P.2d 30 (1978)

In the Matter of Frank E. DAVIS, Petitioner.

Supreme Court of Montana.

Decided December 6, 1978.


Attorney(s) appearing for the Case

David J. Patterson, Montana Defender Project, Daniel Howard, Student Intern argued, Defender Project, Missoula, for petitioner.

Mike Greely, Atty. Gen., Helena, James Masar, County Atty., Kermit Daniels argued, Deer Lodge, for respondent.


HASWELL, Chief Justice.

This is an original petition for post-conviction relief by an inmate of the Montana State Prison. Petitioner seeks reduction of three 20 year sentences for theft imposed upon him as a persistent felony offender.

The issue on appeal is whether petitioner was legally sentenced as a persistent felony offender thereby subjecting him to an increased term of imprisonment.

In February 3, 1977, petitioner Frank E. Davis plead not guilty...

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