Travis Dean Smith v. State of Montana

Summary

The Montana Supreme Court affirmed the denial of Travis Dean Smith’s petition for postconviction relief. The court held that Smith’s claims concerning the filing of a probation violation report, the lawfulness of his combined DOC and MSP sentence, and ineffective assistance of counsel did not warrant relief. The court also concluded that the appeal was controlled by settled Montana law and was without merit.

Holdings

1. The District Court properly denied Smith's petition for postconviction relief because his claims were procedurally barred, untimely, or without merit.
2. The May 1999 sentence was authorized under § 46-18-201(3)(h), MCA (1999), which permitted a court to impose any combination of the sentencing options listed in subsections (2) through (3)(g).

Questions Presented

1. Whether the District Court erred in denying Smith's petition for postconviction relief.
2. Whether the alleged untimely filing of the probation-violation report entitled Smith to postconviction relief.
3. Whether Smith's May 1999 sentence consisting of five years with the Department of Corrections followed by five years at Montana State Prison, with the latter suspended, was statutorily authorized.
4. Whether trial counsel was ineffective for failing to raise the asserted probation-report and sentencing claims.

Disposition

affirmed