State ex rel. Dorsey v. Wilson, No. ED 91691.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtRobert G. Dowd, Jr.
Citation263 S.W.3d 790
PartiesSTATE of Missouri, ex rel. Robert C. DORSEY, Relator, v. Hon. Michael P. WILSON, Respondent.
Docket NumberNo. ED 91691.
Decision Date16 September 2008
263 S.W.3d 790
STATE of Missouri, ex rel. Robert C. DORSEY, Relator,
v.
Hon. Michael P. WILSON, Respondent.
No. ED 91691.
Missouri Court of Appeals, Eastern District, Division Three.
September 16, 2008.

[263 S.W.3d 791]

Jonathan Scott Hoover, Hannibal, MO, for relator.

Robert E. Rapp, Hannibal, MO, for respondent.

ROBERT G. DOWD, JR., Presiding Judge.


Relator, Robert C. Dorsey, filed a writ of mandamus directing Respondent, the Honorable Michael Wilson, to order that Dorsey be released from the Missouri Department of Corrections and placed on probation. We issued a preliminary order in mandamus and directed Respondent to answer. Respondent has not filed an answer and is in default. We now make our preliminary order absolute and Respondent is directed to release Dorsey on probation as provided in Section 559.115, RSMo Cum.Supp.2007.

On October 17, 2007, Dorsey pleaded guilty to the class C felony of possession of a controlled substance, Section 195.202, RSMo 2000. The trial court sentenced Dorsey to five years' imprisonment in the department of corrections. The trial court further ordered Dorsey's sentence be served pursuant to the institutional drug and alcohol treatment provisions of Section 559.115, RSMo Cum.Supp.2007. Within the first one hundred and twenty days of Dorsey's sentence, the department of corrections reported that Dorsey successfully completed the institutional treatment program. On February 13, 2008, the trial court found the release of Dorsey would constitute an abuse of discretion and ordered his sentence of five years to be executed.

Mandamus is a discretionary writ that is appropriate where a court has exceeded its jurisdiction or authority and where there is no remedy through appeal. State ex rel. Kauble v. Hartenbach, 216 S.W.3d 158, 159 (Mo. banc 2007).

Section 559.115.3 allows the trial court to place an offender in the department of corrections for one hundred and twenty days. Section 559.115.3, RSMo Cum.Supp.2007, expressly provides, in pertinent part:

3. The court may recommend placement of an offender in a department of corrections one hundred twenty-day program.... When the court recommends and receives placement of an offender in a department of corrections one hundred twenty-day program, the offender shall be released on probation if the department of corrections determines that the offender has successfully completed the program except as follows. Upon successful completion of a treatment program,...

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6 practice notes
  • State ex rel. Young v. Elliott, WD 82335
    • United States
    • Court of Appeal of Missouri (US)
    • 18 Diciembre 2018
    ...(Mo. App. E.D. 2014) ; State ex rel. Norwood v. Sheffield , 380 S.W.3d 666, 668 (Mo. App. S.D. 2012) ; State ex rel. Dorsey v. Wilson , 263 S.W.3d 790 (Mo. App. E.D. 2008).6 565 S.W.3d 715 Under the plain language of § 559.115.3, and under Mertens and the cases following it, a circuit court......
  • Woods v. State, No. SD 31401.
    • United States
    • Court of Appeal of Missouri (US)
    • 6 Agosto 2012
    ...Rule 24.035. Furthermore, unlike in State ex rel. Mertens v. Brown, 198 S.W.3d 616 (Mo. banc 2006), and State ex rel. Dorsey v. Wilson, 263 S.W.3d 790 (Mo.App.2008), the board of probation and parole did not report that Movant had successfully completed the institutional treatment program r......
  • Etenburn v. State , No. SD 30503.
    • United States
    • Court of Appeal of Missouri (US)
    • 17 Mayo 2011
    ...by the board of probation and parole. State ex rel. Mertens v. Brown, 198 S.W.3d 616, 618 (Mo.2006); State ex rel. Dorsey v. Wilson, 263 S.W.3d 790, 791 (Mo.App.2008). Thus, Movant argues, the plea court's unauthorized amendment to the judgments in Movant's cases, omitting Movant's assignme......
  • Counts v. State , No. SD 30658.
    • United States
    • Missouri Court of Appeals
    • 7 Junio 2011
    ...Rule 24.035 motion. Id. at 243. FN7. See State ex rel. Mertens v. Brown, 198 S.W.3d 616 (Mo. banc 2006); State ex rel. Dorsey v. Wilson, 263 S.W.3d 790...
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6 cases
  • State ex rel. Young v. Elliott, WD 82335
    • United States
    • Court of Appeal of Missouri (US)
    • 18 Diciembre 2018
    ...(Mo. App. E.D. 2014) ; State ex rel. Norwood v. Sheffield , 380 S.W.3d 666, 668 (Mo. App. S.D. 2012) ; State ex rel. Dorsey v. Wilson , 263 S.W.3d 790 (Mo. App. E.D. 2008).6 565 S.W.3d 715 Under the plain language of § 559.115.3, and under Mertens and the cases following it, a circuit court......
  • Woods v. State, No. SD 31401.
    • United States
    • Court of Appeal of Missouri (US)
    • 6 Agosto 2012
    ...Rule 24.035. Furthermore, unlike in State ex rel. Mertens v. Brown, 198 S.W.3d 616 (Mo. banc 2006), and State ex rel. Dorsey v. Wilson, 263 S.W.3d 790 (Mo.App.2008), the board of probation and parole did not report that Movant had successfully completed the institutional treatment program r......
  • Etenburn v. State , No. SD 30503.
    • United States
    • Court of Appeal of Missouri (US)
    • 17 Mayo 2011
    ...by the board of probation and parole. State ex rel. Mertens v. Brown, 198 S.W.3d 616, 618 (Mo.2006); State ex rel. Dorsey v. Wilson, 263 S.W.3d 790, 791 (Mo.App.2008). Thus, Movant argues, the plea court's unauthorized amendment to the judgments in Movant's cases, omitting Movant's assignme......
  • Counts v. State , No. SD 30658.
    • United States
    • Missouri Court of Appeals
    • 7 Junio 2011
    ...Rule 24.035 motion. Id. at 243. FN7. See State ex rel. Mertens v. Brown, 198 S.W.3d 616 (Mo. banc 2006); State ex rel. Dorsey v. Wilson, 263 S.W.3d 790...
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