Derek Masters v. George Lombardi, Director, Department of Corrections

Derek Masters appeals the trial court’s grant of the Department of Corrections’s motion for judgment on the pleadings on his petition for declaratory judgment. Masters sought a declaration that he was entitled to a sentence under § 559.115 1 (120-day shock incarceration, recommended by the court) and that the Department misinterpreted the statute in determining that Masters was ineligible for the sentence. We reverse the court’s grant of the Department’s motion and remand for further proceedings consistent with this opinion.

Background

On October 4, 2010, Masters pled guilty to one count of the…