Missouri Court of Appeals, Western District / Dec 18, 2018
State ex rel. John Jason Young vs. The Honorable R. Brent Elliott
Relator John Jason Young was convicted of felony DWI and ordered to a 120-day institutional treatment program pursuant to § 559.115.3. Despite the Department of Corrections reporting Young's successful completion and recommending release on probation, the circuit court denied probation without holding a hearing within the statutory 120-day timeframe. The appellate court issued a permanent writ of mandamus, directing the circuit court to rescind its order and release Young on probation, holding that the court lacked authority to deny probation without the required hearing.