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Woods v. Missouri Board of Probation and Parole

Court of Appeals of Missouri, Western District, Third Division

November 24, 2015

DIMETRIOUS WOODS, Appellant,
v.
MISSOURI BOARD OF PROBATION AND PAROLE, Respondent

          Appeal from the Circuit Court of Cole County, Missouri. The Honorable Daniel R. Green, Judge.

         Dimetrious Woods, Appellant, Pro se, Jefferson City, MO.

         For Respondent: Chris Koster, Attorney General, Caroline M. Coulter, Assistant Attorney General, Jefferson City, MO.

         Before Division Three: Joseph M. Ellis, Presiding Judge, and Karen King Mitchell and Gary D. Witt, Judges. Joseph M. Ellis, Presiding Judge, and Gary D. Witt, Judge, concur.

          OPINION

         Karen King Mitchell, Judge

Page 58

          Dimetrious Woods appeals the grant of summary judgment in favor of the Missouri Board of Probation and Parole on Woods's petition for declaratory judgment. Woods sought declarations concerning his conditional release date and parole eligibility on sentences arising from multiple convictions. Because the trial court incorrectly calculated the date on which Woods becomes eligible for parole, although not in the manner that Woods argues, we reverse the trial court and enter the judgment the trial court should have entered.

         Background

         In February of 2007, Woods was convicted of unlawful use of a weapon. The Circuit Court of Boone County sentenced him to four years' imprisonment in the Missouri Department of Corrections. Because Woods had a prior commitment to the Department, he was required to serve forty percent of the four-year sentence before he was eligible for parole. § 558.019.[1] In November of 2007, the Board notified Woods that he was scheduled to be released from confinement on September 18, 2008.

         In December 2007, Woods was convicted of second-degree drug trafficking. The Circuit Court of Clay County found Woods to be a prior drug offender and sentenced him to twenty-five years' imprisonment in the Department, to be served consecutively

Page 59

to his Boone County sentence. In February of 2008, following the Clay County conviction, the Board notified Woods that his previous release date had been canceled, and he was scheduled to be released from confinement on October 11, 2029, his conditional release date. The Board also notified Woods that he was ineligible for parole due to the Clay County Circuit Court's finding that he was a prior drug offender.

         Woods filed a petition for declaratory judgment, challenging the Board's determination that he was ineligible for parole. Woods argued that he should be parole eligible on September 17, 2028. The Board filed a motion for summary judgment, which the trial court granted. The trial court determined that the Board correctly calculated Woods's conditional release date and did not err in canceling ...


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