Irvin v. Missouri Board of Probation & Parole

HOWARD, Judge.

Roger R. Irvin appeals from the circuit court’s dismissal of his petition for declaratory judgment for failure to state a claim for which relief can be granted. Irvin’s sole point on appeal is that the circuit court clearly erred in dismissing his petition because 1) § 558.019 1 only applies to cases in which the predicate offenses that are counted as prior remands occurred after August 28, 1994; and 2) the applica tion of § 558.019 in his case violates the ex post facto clauses of the United States and Missouri Constitutions because the offenses for which he was previously…