Landry v. State

CLIFFORD, Justice.

James F. Landry appeals from a summary dismissal in the Superior Court (Aroos-took County, Brody, C.J.) of his petition for post-convietion review. See 15 M.R. S.A. §§ 2121-2132 (Supp.1989). Because the Superior Court improperly dismissed Landry’s petition, we vacate the dismissal.

In January of 1988 Landry was convicted of the theft of two chainsaws (17-A M.R. S.A. § 353 (1983)) after a jury trial in Superior Court (Aroostook County, Pierson, J.). Because Landry was charged with having been convicted of two prior thefts, his conviction of the chainsaw theft was raised from a…