HIGH COURT RULES FOR PRISONER FROM BLUFF

JEFFERSON CITY -- The Missouri Supreme Court ruled Tuesday that a man arrested and convicted for felony stealing in Stoddard County while on parole for prior felony convictions should be credited with time served against his latest sentence.

Gary Goings, now 38, was on parole after serving a portion of a five-year sentence for pleading guilty to felony stealing and second-degree assault charges in Franklin County. In August 1996, Goings was arrested in Stoddard County and charged with felony stealing. Goings was returned to Department of Corrections custody for violating his parole.

In December 1997, a Stoddard County Circuit Court judge sentenced Goings to a five-year prison term, to be served concurrently with his earlier sentences. After his sentencing, corrections officials refused to credit Goings with the 16 months served between his return to custody and his Stoddard County sentencing.

Goings, who is serving in the Algoa Correctional Center in Cole County, challenged the department's decision. Cole County Circuit Court Judge Byron Kinder ruled in favor of the state.

The Supreme Court unanimously ruled Goings' return to custody was "related to" his Stoddard County arrest and therefore he should receive credit for time served.

In his opinion for the court, Judge Michael A. Wolff wrote: "The state can of course argue that Goings' incarceration is 'related to' his earlier convictions. But that is not consistent with our conclusion that his custody is 'related to' the current offense."

Wolff went on to write the broad term "related to" in the relevant statute "compels the conclusion that his custody can be 'related to' both offenses and the statutory credit would nevertheless apply."

The Board of Probation and Parole had previously set a February 2001 release date for Goings, a Poplar Bluff native. Corrections spokesman Tim Kniest said it is uncertain at this point whether Goings' release date will be affected. His maximum release date is October 2002.