Miller v. State

Patricia Breckenridge, judge

The state appeals from the motion court's judgment sustaining Richard Miller's Rule 29.15 motion for postconviction relief and vacating the revocation of his probation and imposition of sentences on two counts of involuntary manslaughter, under section 565.024, RSMo 2000. On appeal, the state claims the motion court clearly erred in finding the trial court was without authority to revoke Mr. Miller's probation and to sentence him because the record reflects every effort was made to conduct the revocation hearing prior to the expiration of his probation term.…