Missouri Court of Appeals, Southern District / Dec 22, 2021
STATE OF MISSOURI EX REL. BRIAN GLENN FLETCHER, Relator v. THE HONORABLE DAVID COLE, Respondent
Brian Glenn Fletcher filed a petition for a writ of prohibition to prevent the Honorable David Cole from proceeding with a probation revocation hearing, arguing his probation had expired. Fletcher claimed his probation ended five years after he was placed on suspended execution of sentence (SES) probation. The Southern District of the Missouri Court of Appeals quashed the preliminary writ, holding that the SES probation was a new term, not an extension of his prior suspended imposition of sentence (SIS) probation, and a valid one-year extension meant the alleged violations occurred within the extended probation period.