Appeals court orders Moberly inmate’s release
A state appeals court has upheld a Randolph County judge’s decision that a Moberly Correctional Center inmate’s probation was revoked illegally.
The Missouri Western District Court of Appeals on Tuesday upheld the Jan. 8 ruling by Judge Scott Hayes to release Vance A. Cole, 42, an inmate serving a 10-year prison sentenced for a 2013 guilty plea to vehicle theft and misdemeanor stealing out of Carroll County in western Missouri. Cole remained in prison during the appeal after the state sought a stay of the decision the day after Hayes’ ruling.
Cole was placed on probation and the execution of his sentence was suspended after the 2013 plea. Cole had earned enough credits during probation that his probation term was shortened and was set to end in February 2016. However, those credits were taken away during an October 2015 court hearing at which a judge classified his court costs as “restitution” and said his failure to pay those costs counted as a probation violation.
Cole’s probation was revoked in January 2017 for violations that happened after Februrary 2016, when his sentence would have ended if credits had been applied.
The appeals court in its opinion said the Randolph County judge was correct in ordering Cole’s release in January, denying an attempt by the Missouri Attorney General’s Office to have that decision overturned.
“However, the sentencing court’s attempt to label ‘court costs’ as ‘restitution’ … simply was illegally erroneous,” appeals court Presiding Judge Mark Pfeiffer wrote in the opinion.
The ruling means Hayes’ decision ordering Cole’s immediate release goes back into effect. However, it wasn’t immediately clear whether the attorney general’s office plans to appeal.
