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Criminal Law: Probation-120-Day Program-Date Calculation
Staff Report//April 22, 2019
Where a prisoner sought a release to probate or a hearing on whether probation should be granted, arguing that his failure to complete the 120-day treatment program was due to an improper calculation of the 120-day period by the department of corrections, summary judgment for the department is affirmed because even though the beginning date of the period was improperly calculated, the prisoner’s request for relief required speculation as to whether he would have completed the program and regarding the sentencing court’s discretionary decisions to hold a hearing or deny probation, so the prisoner did not present a justiciable controversy.
Judgment is affirmed.
Newton v. Department of Corrections (MLW No.73096/Case No. WD81343 – 17 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from circuit court, Cole County, Green, J. (Edward Thompson, St. Louis, for appellant) (Caroline Coulter, Jefferson City, for respondent).
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