State ex rel. Gary D. Sampson, Jr. v. The Honorable William E. Hickle

Summary

The Missouri Supreme Court held that the circuit court erred by placing Gary D. Sampson, Jr. on a third term of probation after he successfully completed a 120-day institutional treatment program. The court issued a permanent writ of mandamus directing the circuit court to reinstate Sampson’s prior probationary term, while leaving the calculation of earned compliance credits and the question of probation expiration for further determination.

Holdings

1. After successful completion of the 120-day program, section 559.036.4(3) authorized the circuit court only to release Sampson to continue serving his existing term of probation; it did not authorize the court to impose a new, modified, enlarged, or extended term based on the same violation.
2. The Court did not resolve whether the circuit court had authority to conduct the probation violation hearing because the circuit court's improper imposition of a new probationary term rendered the applicable probation period and earned-compliance-credit calculation uncertain. The circuit court was required first to reinstate Sampson's valid second term so the Board could recalculate the credits and determine whether probation had expired when the court manifested its intent to conduct a revocation hearing.

Questions Presented

1. Whether the circuit court had statutory authority to place Sampson on a new third term of probation after he successfully completed the 120-day institutional treatment program.
2. Whether the circuit court had authority to conduct a probation violation hearing after the probationary term allegedly expired through the application of earned compliance credits.

Disposition

writ_granted