STATE EX REL. ZAHND

No. WD 69983.

276 S.W.3d 368 (2009)

STATE of Missouri ex rel. Eric G. ZAHND, Platte County Prosecuting Attorney, Relator, v. The Honorable Abe Shafer, Judge of the Circuit Court of Platte County, Missouri, Division 1, Respondent.

Missouri Court of Appeals, Western District.

January 27, 2009.


Attorney(s) appearing for the Case

Joseph W. Vanover, Platte City, MO, for relator.

Erin Cozad, North Kansas City, MO, for respondent.

Before VICTOR C. HOWARD, P.J., and LISA WHITE HARDWICK and ALOK AHUJA, JJ.


ALOK AHUJA, Judge.

The State petitioned this court for an extraordinary writ, asserting that the circuit court exceeded its jurisdiction by imposing a six-year sentence on criminal defendant Milissa A. Gabauer when revoking her probation in June 2008, despite the fact that the court had sentenced Ms. Gabauer to 12 years' incarceration at the time of her conviction in 2006 (with execution of sentence suspended). The State asks us to order the circuit court to set aside...

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