Miller v. State, Department of Corrections & Human Resources, Board of Probation & Parole

CRIST, Judge.

The State appeals a declaratory judgment in favor of respondent, Jerry Miller, discharging him from parole. We reverse and remand.

Miller was sentenced on August 2, 1976, to five years’ imprisonment for selling a controlled substance. Section 195.221, RSMo 1978, repealed August 13, 1984, was in effect when Miller was last paroled. The issue in this case is whether Miller is entitled to be discharged from parole by reason of the repeal of § 195.221, RSMo 1978. The following list of relevant dates will be helpful:

August 2,1976 Miller is sentenced to five (5) years’ imprisonment and…