Matter of Davis

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 to three counts of felony theft of copper wire from the Montana Power Company in the District Court of Powell County.

While in jail awaiting trial on the theft charges…