James D. Cox v. State Missouri

TURNAGE, Judge James Cox filed a motion under Rule 27.26 seeking to vacate the judgment and sentence imposed upon him for robbery in the first degree and possession of a controlled substance. The court entered an order of dismissal on the ground that the motion did not state facts upon which relief could be granted. Affirmed. Cox filed a pro se petition for , but later amended this to a motion under Rule 27.26. Counsel was appointed and filed an amended motion. The ground for relief in all of the motions was that the Board of probation and Parole had changed its rules so that Cox was no longer eligible for release under a six-twelfth release program. The release program under the six-twelfth rule was alleged to be a relatively certain release based on a recommendation to the governor for commutation of sentence. The new program is based on release by administrative parole which is granted in the discretion of the board. Cox contended in his motions that he was entitled to remain under the gubernatorial commutation program rather than being placed under the administrative parole program.