No. 92-266 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1992 

STATE OF MONTANA, 

Plaintiff and Respondent, 

-vsSHAWN H. DAVIS, 

Defendant and Appellant. 

APPEAL FROM: District Court of the Fourth Judicial District, 

In and for the County of Missoula, 

The Honorable John S. Henson, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Shawn H. Davis, Pro Se, Deer Lodge, Montana 

For Respondent: 

Hon. Marc Racicot, Attorney General 

Jennifer Anders, Assistant, Helena, Montana 

Robert Deschamps, 111, County Attorney 

Karen Townsend, Deputy, Missoula, Montana 

MOV -5 7992 Submitted on Briefs: october 14, 1992 

a S.~L Decided: November 5, 1992 

cLE%8$ %% ONTANA £ME COURT 
Justice R. C. McDonough delivered the Opinion of the Court. 

This is an appeal from an order of the District Court of the 

Fourth Judicial District, Missoula County, denying appellant's 

petition for post conviction relief, which requested in effect that 

petitioner be allowed to withdraw his guilty plea. We affirm. 

The appellant originally pled not guilty to felony theft, but 

later signed a plea agreement changing his plea to guilty. In 

accordance with the plea agreement he was given a two-year deferred 

sentence and was ordered to pay restitution, costs and attorney 

fees. He was also ordered to serve 90 days in the county jail with 

credit for time served. 

A little over eleven months later the county attorney's office 

petitioned the court to revoke appellant's original deferred 

sentence for numerous parole violations. After hearing the 

deferred sentence was revoked or vacated and the appellant was 

sentenced to ten years in the Montana State Prison with five years 

suspended. 

In his petition for post conviction relief appellant contends 

his counsel was ineffective in failing to investigate the value of 

the property allcgcd to have been stolen and in advising him to 

plead guilty to felony theft because a jury would have convicted 

him of only a misdemeanor (less than $300 in value) rather than 

felony theft (over $300 in value). The victim reported the 

following items stolen from his van: an overcoat, fire 

extinguisher, car stereo, several cassette tapes, and prescription 

sun glasses. The total value of the stolen items, according to the 

2 
victim, was more than $450. Only the overcoat, worth $150, the 

fire extinguisher, worth $50, and several cassette tapes were found 

in appellant's car and could be introduced as physical evidence. 

The appellant's rationale is that the recovered physical evidence 

had a value of $200 and therefore a jury could find him guilty of 

only a misdemeanor. 

The State, however, had a strong circumstantial case against 

appellant for the theft of the other items reported stolen, which 

would place the value of all of the stolen property at over $300. 

It was this fact which caused defense counsel to advise the 

appellant to plead guilty. We conclude there is substantial 

evidence to support the District Court's findings and conclusions 

that counsel did not fail to properly investigate the value of the 

stolen property and evaluate the evidence. 

We further find there is substantial evidence in the record to 

affirm the District Court's findings and conclusions that appellant 

was fully informed of all of the relative facts and facets of the 

case by his counsel and that he "intelligently and knowingly," and 

voluntarily pled guilty and admitted the crime. 

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 

1988 Internal Operating Rules, this decision shall not be cited as 

precedent and shall be published by its filing as a public document 

with the Clerk of this Court and by a report of its result to the 

West Publishing Company. 
We Concur: 
November 5. 1992 

CERTIFICATE OF SERVICE 

I hereby certify that the following order was sent by United States mail, prepaid, to the following 

named: 

Shawn H. Davis 

Montana State Prison 

700 Conley Lake Rd. 

Deer Lodge, MT 59722 

HON. MARC RACICOT, Attorney General 

Jennifer Anders, Assistant 

Justice Bldg. 

Helena, MT 59601 

Robert Deschamps, 111, County Attorney 

Karen Townsend, Deputy 

200 W. Broadway 

Missoula, MT 59802 

ED SMITH 

CLERK OF THE SUPREME COURT 

STATE OF MONTANA