Criminal Law: Habeas Corpus-Earned Compliance Credits-Probation

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Where a defendant was issued a writ of habeas corpus based on his argument that he was being illegally detained because he was entitled to receive earned compliance credits that caused his probation to expire, which ended the court’s authority over the case and caused the court’s revocation of his probation to be in excess of the court’s authority, the appellate court refuses to quash because there was no effort to revoke or suspend the probation, so the credits continued to accrue, and the sentencing court’s attempt to label court costs as restitution was legally erroneous,

Refused to quash writ.

State ex rel. Eric S. Schmitt v. Hayes (MLW No. 72809/Case No. WD82447 – 16 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Original proceeding on petition for writ of certiorari (Eric S. Schmitt and Patrick J. Logan, Jefferson City, for relator) (Amanda R. Langenheim, Kansas City, Missouri, for respondents).