EAST v. PRECYTHE (2023)

Missouri Court of Appeals, Western District.

Byron EAST, Appellant, v. Anne PRECYTHE, et al., Respondents.

WD 85283

Decided: May 30, 2023

Before Division Two: Alok Ahuja, Presiding Judge, Anthony Rex Gabbert, Judge and Thomas N. Chapman, Judge

Byron East, Licking, MO appellant acting pro se. Jeffrey Suddy, Jefferson City, MO counsel for respondents.

ORDER

Appellant Byron East (“East”) is currently incarcerated on consecutive sentences received in 1996 for second degree murder and armed criminal action. East filed a petition for declaratory judgment in the Circuit Court of Cole County that requested that the court declare him to be parole eligible after serving three years on his armed criminal action sentence pursuant to section 571.015.1. The circuit court granted a motion for judgment on the pleadings filed by Respondents, the Missouri Department of Corrections and Anne Precythe in her official capacity as director thereof. East appeals, arguing that the circuit court misunderstood his claim and that section 571.015.1 dictates that he be parole eligible after serving three years of his armed criminal action sentence. The judgment is affirmed. Because a published opinion would have no precedential value, a memorandum has been provided to the parties. Rule 84.16(b).

Per Curiam:

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