IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 21-0526 

GEORGE C. WELLS, 

Petitioner, 

v. 

JIM SALMONSEN, 

Respondent. 

FILED 

NOV 0 9 2021 

Bowen Greenwood 

Clerk of Supreme Court 

State of tvlontana 

ORDER 

George C. Wells has petitioned for habeas corpus relief, arguing that, pursuant to 

State v. Brendal, 2009 MT 236, ¶ 40, 351 Mont. 395, 213 P.3d 448, he should be sentenced 

as a persistent felony offender (PFO) because it is mandatory. He claims that "this Court 

is barred by res judicata and must reinstate the original legal 50 year PFO sentence which 

became 'law of the case' on February 18, 1982, and final with his conviction." 

We have previously addressed Wells' sentencing issues when he sought habeas 

relief, explaining as follows: 

In 1982, Wells was sentenced for multiple felonies and as a persistent 

felony offender (PFO), receiving a total sentence of 150 years. He appealed, 

and we affirmed. State v. Wells, 202 Mont. 337, 658 P.2d 381 (1983). In 

2015, he petitioned for habeas corpus, asserting that his sentence was facially 

invalid because his PFO sentence was imposed in addition to the sentences 

for his other offenses, as well as presenting other claims. We partially granted 

Wells' petition and remanded his case for resentencing. Wells v. Kirkegard, 

381 Mont. 545, 357 P.3d 337 (Table). On April 20, 2016, the District Court 

resentenced Wells for his felony convictions, and did not sentence him as a 

PFO, resulting in a 100-year sentence. Wells did not appeal from his new 

sentence. 

Wells v. Fletcher, No. OP 17-0224, 388 Mont. 555, 397 P.3d 457 (May 9, 2017). 

Because, as noted above, Wells did not appeal from his new sentence, he is 

precluded from seeking habeas relief. Section 46-22-101(2), MCA ("The writ of habeas 

11/09/2021

Case Number: OP 21-0526
corpus is not available to attack the validity of the conviction or sentence of a person of a 

person who has been adjudged guilty of an offense in a court of record and has exhausted 

the remedy of appeal."). And, in any event, Wells is mistaken in his arguments. Brendal 

does not apply to Wells because the law governing PFO sentencing has changed since 

2009. Wells' 1982 sentence as a PFO was illegal when, in 2010, we determined the PFO 

sentence replaces the sentence for the underlying felony. State v. Gunderson, 2010 MT 

166, ¶ 54, 357 Mont. 142, 237 P.3d 74 (Gunderson II). Because of this Court's remand in 

2015 to the District Court, Wells' overall sentence has since been corrected. It is not 

mandatory that Wells receive a PFO sentence when he received sentences for his other 

felonies because a PFO "designation is not itself a separate crime carrying a separate 

sentence[1" Gunderson II, ¶ 53 (citing State v. DeWitt, 2006 MT 302, ¶ 11, 334 Mont. 

474, 149 P.3d 549). Wells now has sentences for his felony convictions and not as a PFO. 

We note that Wells' new sentence is for 100 years, instead of the 150-year sentence that 

was determined to be illegal. 

Therefore, 

IT IS ORDERED that Wells' Petition for Habeas Relief is DENIED and 

DISMISSED. 

The Clerk is directed to provide a copy of this Order to counsel of record and to 

George C. Wells personally. 

't 

DATED this d day of November, 2021. 

2 

Chief Justice 
Justi —1 s L-.—‘ 

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