Opinion
No. WD 59000
Order Filed: April 3, 2001
APPEAL FROM THE CIRCUIT COURT OF COLE COUNTY, MISSOURI, HONORABLE THOMAS BROWN, III, JUDGE.
James Smith, Pro Se, Jefferson City, MO.
John Morris, III, Esq., Attorney for Respondent.
Before: Ellis, P.J., Lowenstein and Breckenridge, J.J.
ORDER
Defendant, by way of declaratory judgment action, challenged the Department of Corrections calculation of his presentence, time-served credit and the constitutionality of § 558.031. His petition was dismissed by the trial court. The court had jurisdiction to address the constitutionality issues raised by the defendant since the Supreme Court had already addressed the issues in previous cases. This court determined that § 558.031 did not violate any of the defendant's constitutional rights and he was not entitled to the credit he sought. Affirmed. Rule 84.16(b).