Missouri Court of Appeals, Western District / Oct 29, 2024
Keith Roy vs. Missouri Department of Corrections
Keith Roy appealed the circuit court's judgment granting the Department of Corrections' motion for judgment on the pleadings. Roy sought a declaratory judgment that the 1994 version of Section 558.019.5, RSMo, which allowed the Board of Probation and Parole to convert consecutive sentences, applied to him, arguing the 2005 amendment removing this authority violated ex post facto laws. The appellate court affirmed, concluding that any risk of increased punishment due to the amendment was speculative and attenuated, thus not constituting an ex post facto violation.