In Brown v. Gammon, 947 S.W.2d 437 (Mo. App. W.D. 1997), Myron Brown alleged that his plea was involuntary because "as part of his plea agreement, the trial court offered to place him on probation after 120 days imprisonment if he completed a substance abuse treatment program while in prison." 947 S.W.2d at 438. The record confirmed that the judge rejected the agreed-upon plea of 12 years and inadvisedly became involved in plea negotiations himself, stating that he would instead give Mr. Brown a 20 year sentence, but that he would also direct him to be placed in a treatment program subject to the 120-day call- back provisions of section 559.115, and promised to give him probation if he completed the program. Id. at 439. Mr. Brown accepted the new plea agreement, completed the program with a fair rating, but was denied probation. Id. at 439-440. He brought a petition for habeas corpus. It was denied on the ground that because the trial court denied him probation he was "not 'entitled to such release.'" Id. at 440.