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TRIBBY v. DIRECTOR OF MO. DEPT. OF CORRECTIONS

No. WD 66235.

211 S.W.3d 201 (2007)

Michael A. TRIBBY, Respondent, v. The DIRECTOR OF The MISSOURI DEPARTMENT OF CORRECTIONS and the Chairman of the Missouri Board of Probation and Parole, Appellants.

Missouri Court of Appeals, Western District.

January 16, 2007.

Attorney(s) appearing for the Case

Daniel E. Hunt, Jefferson City, MO, for Respondent.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrew W. Hassell, Assistant Attorney General, Jefferson City, MO, for Appellants.

Before SMART, P.J., and EDWIN H. SMITH and HARDWICK, JJ.

Order

PER CURIAM.

The Missouri Department of Corrections (DOC) and the Missouri Board of Probation and Parole (Board) appeal from the judgment of the Circuit Court of Cole County granting the respondent, Michael A. Tribby, a writ of mandamus ordering the appellants, in determining the respondent's early release date from the DOC, not to consider his prior commitment, under Section 559.115.2, a.k.a. 120-day call-back probation, for felony second-degree burglary...

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