State Ex Rel. Mertens v. Brown

Introduction

Charles Mertens pleaded guilty to involuntary manslaughter and leaving the scene of an accident. The court sentenced Mer-tens to the custody of the department of corrections pursuant to section 559.115. 1 Within the first 120 days of Merten’s sentence, the department of corrections reported that he had successfully completed the institutional program. Without holding a hearing, Respondent denied probation and ordered Mertens to complete his sentence. Section 559.115 requires Respondent to hold a hearing within the first 120 days of an offender’s sentence before denying probation…