Court of Appeals of Missouri, Western District, Third Division
from the Circuit Court of Cole County, Missouri. The
Honorable Daniel R. Green, Judge.
Woods, Appellant, Pro se, Jefferson City, MO.
Respondent: Chris Koster, Attorney General, Caroline M.
Coulter, Assistant Attorney General, Jefferson City, MO.
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.
King Mitchell, Judge
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
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. In November of 2007, the Board
notified Woods that he was scheduled to be released from
confinement on September 18, 2008.
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
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.
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 ...