SMITH v. MISSOURI BOARD OF PROBATION AND PAROLE (2020)

Missouri Court of Appeals, Western District.

Kevin O. SMITH, Appellant, v. MISSOURI BOARD OF PROBATION AND PAROLE, Respondent.

WD 83129

Decided: June 09, 2020

Before Division Four: Karen King Mitchell, Chief Judge, and Thomas H. Newton and Thomas N. Chapman, Judges

Kevin O. Smith, Jefferson City, MO, Appellant, pro se. Eric S. Schmitt, Attorney General, and Evan Rodriguez, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Order

Kevin Smith appeals from the grant of summary judgment in favor of the Missouri Board of Probation and Parole on Smith's declaratory judgment action against the Board, seeking a declaration that the Board improperly calculated Smith's mandatory minimum prison term. Smith raises two points on appeal. In both points, he argues that the Board was required, but failed, to apply §§ 559.115.7 and 558.019, RSMo Cum. Supp. 2019, retroactively to his sentence so that he would no longer be required to serve a minimum of 40%. Finding no error, we affirm. Rule 84.16(b).

Per Curiam:

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