Matter of McFadden

This is an original petition for post-conviction relief by Daniel McFadden, an inmate of the Montana State Prison. Petitioner contends that he is entitled to designation as a “nondangerous offender for purposes of parole eligibility” under the provisions of section 46-18-404(1), MCA. Designation as a nondangerous offender enables a prisoner to be eligible for parole after he has served one-quarter of his sentence.

On September 14, 1978, petitioner entered a guilty plea on a felony charge of theft; and the Silver Bow County District Court ordered an evaluation and a presentence investigation.…