Tribby v. Director of the Missouri Department of Corrections

Missouri Court of Appeals

Tribby v. Director of the Missouri Department of Corrections

211 S.W.3d 201, 2007 Mo. App. LEXIS 53, 2007 WL 93212

CourtMissouri Court of Appeals

DecidedJanuary 16, 2007

DocketWD 66235

StatusPublished

This text of 211 S.W.3d 201 (Tribby v. Director of the Missouri Department of Corrections) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tribby v. Director of the Missouri Department of Corrections, 211 S.W.3d 201, 2007 Mo. App. LEXIS 53, 2007 WL 93212 (Mo. Ct. App. 2007).

Pincite

Opinion

Order

PER CURIAM.

The Missouri Department of Corrections (DOC) and the Missouri Board of Probation and Parole (Board) appeal from the judgment of the Circuit Court of Cole County granting the respondent, Michael A. Tribby, a writ of mandamus ordering the appellants, in determining the respondent’s early release date from the DOC, not to consider his prior commitment, under Section 559.115.2, a.k.a. 120-day callback probation, for felony second-degree burglary, by the Circuit Court of Greene County, in Case No. 397CF7636. The DOC, in determining his early release date, treated his prior 120-day call-back as a “previous prison commitment” for purposes of Section 558.019.2(1), requiring him to serve forty percent of his present sentences. The respondent alleged in his petition that Section 559.115.7, providing: “An offender’s first incarceration for one hundred twenty days for participation in a department of corrections program prior to release on probation shall not be considered a previous prison commitment for the purpose of determining a minimum prison term under the provisions of section 558.019, RSMo,” and which was effective June 27, 2003, was required to be applied retrospectively such that the appellants, in requiring him to serve forty percent of his present sentences before he was eligible *202 for early release, acted in direct contravention of Section 559.115.7. The trial court agreed and entered its writ on October 13, 2005.

We affirm, pursuant to Rule 84.16(b).

Free access — add to your briefcase to read the full text and ask questions with AI

Order

PER CURIAM.

The Missouri Department of Corrections (DOC) and the Missouri Board of Probation and Parole (Board) appeal from the judgment of the Circuit Court of Cole County granting the respondent, Michael A. Tribby, a writ of mandamus ordering the appellants, in determining the respondent’s early release date from the DOC, not to consider his prior commitment, under Section 559.115.2, a.k.a. 120-day callback probation, for felony second-degree burglary, by the Circuit Court of Greene County, in Case No. 397CF7636. The DOC, in determining his early release date, treated his prior 120-day call-back as a “previous prison commitment” for purposes of Section 558.019.2(1), requiring him to serve forty percent of his present sentences. The respondent alleged in his petition that Section 559.115.7, providing: “An offender’s first incarceration for one hundred twenty days for participation in a department of corrections program prior to release on probation shall not be considered a previous prison commitment for the purpose of determining a minimum prison term under the provisions of section 558.019, RSMo,” and which was effective June 27, 2003, was required to be applied retrospectively such that the appellants, in requiring him to serve forty percent of his present sentences before he was eligible *202 for early release, acted in direct contravention of Section 559.115.7. The trial court agreed and entered its writ on October 13, 2005.

We affirm, pursuant to Rule 84.16(b).

Cite This Page — Counsel Stack

Bluebook (online)

211 S.W.3d 201, 2007 Mo. App. LEXIS 53, 2007 WL 93212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tribby-v-director-of-the-missouri-department-of-corrections-moctapp-2007.