MILLER v. STATE, DEPT. OF CORR. & HUMAN RES.

No. 57624.

789 S.W.2d 886 (1990)

Jerry MILLER, Respondent, v. STATE of Missouri, DEPARTMENT OF CORRECTIONS AND HUMAN RESOURCES, BOARD OF PROBATION AND PAROLE, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

May 29, 1990.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Gary L. Gardner, Asst. Atty. Gen., Jefferson City, for appellant.

Ervin D. Davis, St. Charles, for respondent.


CRIST, Judge.

The State appeals a declaratory judgment in favor of respondent, Jerry Miller, discharging him from parole. We reverse and remand.

Miller was sentenced on August 2, 1976, to five years' imprisonment for selling a controlled substance. Section 195.221, RSMo 1978, repealed August 13, 1984, was in effect when Miller was last paroled. The issue in this case is whether Miller is entitled to be discharged from parole by reason of the repeal of §...

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