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Smith v. Department of Corrections

Missouri Court of Appeals, Western District
Apr 3, 2001
44 S.W.3d 401 (Mo. Ct. App. 2001)

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).


Summaries of

Smith v. Department of Corrections

Missouri Court of Appeals, Western District
Apr 3, 2001
44 S.W.3d 401 (Mo. Ct. App. 2001)
Case details for

Smith v. Department of Corrections

Case Details

Full title:JAMES SMITH, Appellant Pro Se, v. MISSOURI DEPARTMENT OF CORRECTIONS…

Court:Missouri Court of Appeals, Western District

Date published: Apr 3, 2001

Citations

44 S.W.3d 401 (Mo. Ct. App. 2001)