People v. Davis

Opinion by

Judge BOORAS.

T 1 Defendant, Gene V. Davis, appeals the district court's order denying his Crim. P. 35(c) motion for postconviction relief. We reverse and remand for further proceedings.

I. Background

2 In 2000, Davis pled guilty to first degree aggravated motor vehicle theft and was sentenced to six years in prison followed by five years of mandatory parole. On October 28, 2004, Davis was released from prison and placed on parole. Based on allegations that Davis never reported to his parole officer, a warrant was issued in November 2004 for his arrest.

T3 Subsequently, Davis was…