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Green v. Missouri Department of Corrections

Court of Appeals of Missouri, Western District, Third Division

October 31, 2017

MICHAEL L. GREEN, Appellant,
v.
MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

         APPEAL FROM THE CIRCUIT COURT OF COLE COUNTY The Honorable Daniel R. Green, Judge

          Before: Lisa White Hardwick, Presiding, Victor C. Howard and Alok Ahuja, Judges

          Lisa White Hardwick, Judge

         Michael L. Green appeals the entry of summary judgment in favor of the Missouri Department of Corrections ("Department") on his petition for declaratory judgment. In his petition, Green asked the circuit court to declare that the Department incorrectly calculated his minimum prison term based upon his number of previous prison commitments. For reasons explained herein, we affirm.

         Factual and Procedural History

         In 1998, Green was delivered to the Department to serve a three-year sentence for driving while intoxicated-persistent offender and placed in a 120-day program under Section 559.115.[1] Green was released on probation after successfully completing the program.

         In 1999, Green's probation was revoked, and he was placed in another 120-day program under Section 559.115. Green was released on probation after successfully completing the program.

         In 2001, Green was sentenced to five years in prison for involuntary manslaughter. He was released on parole sometime in 2003.

         In 2007, Green was delivered to the Department to serve a four-year sentence for driving while intoxicated-persistent offender and placed in another 120-day program under Section 559.115. Green was released on probation after successfully completing the program.

         In 2009, Green's probation was revoked. The court ordered Green to serve his 2007 four-year sentence for driving while intoxicated-persistent offender concurrently with a new eight-year sentence for driving while intoxicated-chronic offender, and the court placed him in a long-term treatment program under Section 217.362. Green was released on probation after successfully completing the program.

         In 2012, Green was returned to the Department after his probation was revoked. In 2014, Green was notified that, because he had three previous prison commitments when he committed the offense of driving while intoxicated-chronic offender in 2009, the Department determined that he must serve a minimum prison term of 80% of his eight-year sentence for that offense before he will be eligible for parole.

         Green subsequently filed a petition for declaratory judgment claiming that the Department had improperly counted his previous prison commitments to the Department in determining his parole eligibility. He asked the court to declare that his only previous commitment was in 2001 and to order the Department to recalculate his parole eligibility accordingly.

         The Department filed a motion for summary judgment, which the ...


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