An appellate court has ruled that a Missouri inmate who’s been imprisoned for two years should never have been incarcerated.

The Missouri Western District Court of Appeals found Tuesday that 42-year-old Vance Cole completed his probation for felony vehicle tampering and misdemeanor theft in February 2016, almost 11 months before he was sent to prison for an alleged violation.

The Columbia Daily Tribune reports that issues arose when a Carroll County judge found that Cole didn’t pay court costs, including jail board while awaiting trial, and deemed those costs restitution. The defense successfully argued that the costs weren’t restitution and that Cole’s probation had ended when that finding was made.

Cole remains incarcerated at the Moberly Correctional Center while the Attorney General’s office considers whether to appeal to the Missouri Supreme Court.

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