Rationale Required for Denial of Probation After 120-Day Program
Statute allowed diversion of relator to a 120-day program. When relator successfully completed the program, statutes required the circuit court to order probation, unless the circuit court determined that probation would be “inappropriate.” That determination required findings of fact based, at least in part, on post-diversion evidence. Circuit court denied probation based solely on the charges to which relator pleaded guilty. “The circuit court was aware of the nature of the charges against [relator] when it accepted the State’s recommendation to” divert relator into a 120-day program. “Here, in direct contravention of case law, the [circuit] court very plainly indicated that its decision to deny probation was based solely on the nature of [relator]’s underlying charges and pre-sentencing evidence.” Writ of mandamus issues to release relator on probation.
State of Missouri ex rel. Rashad P. Washington vs. The Honorable Kevin Crane, Circuit Court Judge
Missouri Court of Appeals, Western District – WD8535