Garr v. Missouri Board of Probation & Parole

PAUL M. SPINDEN, Judge.

The Board of Probation and Parole and Larry Crawford, director of the Department of Corrections, appeal the circuit court’s judgment granting James B. Garr’s motion for judgment on the pleadings and entering a declaratory judgment in favor of Garr. Garr had sought a writ of mandamus seeking a declaration that the board had improperly calculated his mandatory minimum prison term. Garr asserted that the board should not have considered his 120-day incarceration pursuant to Section 559.115, RSMo Supp.2004, as a “prior commitment” for the purpose of calculating his minimum…