Jerry Ward Davis v. State Missouri

In November 1967, while an inmate of the State Penitentiary serving a number of sentences, Jerry Ward Davis instituted this 27.26 proceeding challenging the order in which he was to serve the sentences. After a hearing on a written stipulation of facts the circuit court in which he was last sentenced denied relief under the motion and he has appealed, the transcript of the proceeding being filed on March 13, 1970, briefs of the appellant and the state being filed on April 24, 1970 and July 22, 1970 and the cause submitted in this court on September 18, 1970. The background for the relief sought is this: December 21, 1956, the Circuit Court of Texas County sentenced Jerry to five years' imprisonment for felonious assault - that sentence was commuted on September 8, 1960. On December 21, 1956, in the Circuit Court of Phelps County Jerry was sentenced to five years' imprisonment for robbery, the sentence to run consecutively to the Texas County sentence - that sentence was commuted on January 30, 1964. On November 29, 1957, in the Circuit of Cole County, he was sentenced to two years' imprisonment for escape from prison and on the same date to a term of five years for robbery - these sentences were commuted on February 14, 1967. In April 1958 he was sentenced to a term of two and one-half years' imprisonment by the Circuit Court of Cole County for destroying state property and he completed this sentence on July 17, 1968. On June 20, 1960, in the Circuit Court of Cole County Jerry was convicted of five separate charges of ""violence to a guard"" and in each case was sentenced to three years' imprisonment - the sentences to run consecutively.