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UNDERWOOD v. DIRECTOR OF THE MISSOURI DEPARTMENT OF CORRECTIONS

No. WD 66415.

215 S.W.3d 326 (2007)

Kyle UNDERWOOD, 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.

February 27, 2007.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City Stephen David Hawke, Office of Attorney General, Jefferson City, for Appellant.

Daniel E. Hunt, Jefferson City, for Respondent.

RONALD R. HOLLIGER, Judge.

The Missouri Department of Corrections appeals an order in mandamus directing that Kyle Underwood be considered for parole prior to completion of forty percent of his sentence. Underwood pled guilty to second degree burglary (Case No. 01CR126687-01) on December 3, 2001, and was given a suspended imposition of sentence and placed on five years probation. On July 15, 2002, Underwood pled guilty...

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