State ex rel. Dane v. State

RONALD R. HOLLIGER, Presiding Judge.

Relator David A. Dane seeks a writ of mandamus ordering Respondent Judge Mary A. Dickerson to place him on proba*881tion as recommended by the Missouri Board of Probation and Parole and as required by Section 217.362, RSMo 2000. We hold that Respondent erred in denying Dane probation and that mandamus relief is proper.1

Factual and Procedural Background

On January 31, 2001, Relator David A. Dane pleaded guilty in two cases to possession of methamphetamine. The Respondent, Judge Mary A. Dickerson, sentenced him pursuant to Section 217.362, RSMo, the long-term drug…