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EVANS v. MISSOURI BOARD OF PROBATION AND PAROLE

No. WD 65471.

192 S.W.3d 540 (2006)

Brian D. EVANS, Respondent, v. MISSOURI BOARD OF PROBATION AND PAROLE, Appellant.

Missouri Court of Appeals, Western District.

May 30, 2006.

Attorney(s) appearing for the Case

Brian D. Evans, Marshall, MO, Respondent pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, MO, for Appellant.

Before SMITH, C.J., and SMART and NEWTON, JJ.

Order

PER CURIAM.

The Missouri Board of Probation and Parole appeals from the declaratory judgment of the Circuit Court of Cole County, Missouri, declaring, pursuant to § 559.115.7, RSMo Supp.2004, that the prior 120-day probationary incarceration of the respondent, Brian D. Evans, as authorized by § 559.115.2, following his 2001 conviction, under § 302.321, for driving while his license was suspended or revoked, was not a "previous...

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