State ex rel. Hodges v. Hon. Asel
Annotate this CaseRelator pleaded guilty to one count of driving while intoxicated as a chronic offender and was sentenced to five years imprisonment and participation in a long-term substance abuse treatment program. After successfully completing the treatment program, the circuit court directed that Relator be released on probation on June 8, 2015. Relator filed this petition for writ of mandamus arguing that he was entitled to immediate release on probation pursuant to Mo. Rev. Stat. 217.362.3 because he successfully completed the program. The Supreme Court denied the petition, holding that Relator’s proposed June 8, 2015 release date satisfied the requirement that he serve at least two years of imprisonment as required by statute while meeting all requirements imposed by the plain language of section 217.362.3.
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