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Short v. Missouri Bd. of Prob. & Parole

Court of Appeals of Missouri, Western District, Fourth Division

February 24, 2015

KYLE SHORT, Appellant,
v.
MISSOURI BOARD OF PROBATION AND PAROLE, Respondent

As Corrected March 31, 2015.

Page 73

APPEAL FROM THE CIRCUIT COURT OF COLE COUNTY. THE HONORABLE DANIEL R. GREEN, JUDGE.

Kyle Short, Licking, MO, Appellant, Pro se.

Gregory M. Goodwin, Jefferson City, MO for respondent.

BEFORE DIVISION FOUR: ALOK AHUJA, CHIEF JUDGE, PRESIDING, JOSEPH M. ELLIS AND LISA WHITE HARDWICK, JUDGES. ALL CONCUR.

OPINION

Page 74

LISA WHITE HARDWICK, JUDGE

Kyle Short appeals from the summary judgment entered in favor of the Missouri Board of Probation and Parole (" Board" ) on his petition for declaratory judgment. In his petition, Short sought declarations concerning his conditional release date and parole eligibility on sentences for multiple convictions. The circuit court found that Short is not eligible for parole and that the Board correctly determined his conditional release date. For reasons explained herein, we affirm the judgment on the conditional release date and reverse the judgment with regard to Short's ineligibility for parole.

Factual and Procedural History

On December 12, 2005, Short pled guilty to two counts of second-degree statutory rape, two counts of possession of a controlled substance other than 35 grams or less of marijuana, and one count of first-degree endangering the welfare of a child. The court sentenced Short to concurrent terms of five years in prison on each count (" sentence group one" ).[1]

On November 8, 2007, a jury convicted Short of three more counts of statutory rape and one count of tampering with a victim or witness in a felony prosecution. In that case, the court sentenced Short to concurrent terms of ten years in prison for each of the three counts of statutory rape (" sentence group two" ) and ten years in prison for the tampering with a victim or witness count (" sentence group three" ). The court further ordered that the ten-year sentences in sentence group two be served consecutively to the five-year sentences in sentence group one. The court ordered that the ten-year sentence in sentence group three be served consecutively to the sentences in sentence groups one and two. Thus, Short was sentenced to a total of 25 years in prison.

Short subsequently filed a petition for declaratory judgment in which he asserted that the Board had erroneously determined that he is ineligible for parole because, even though parole is available for the offenses in sentence groups one and two, parole is not available for the offense in sentence group three. He ...


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