GEORGE KNIEST v. MISSOURI DEPARTMENT OF CORRECTIONS (2011)

Order

Appellant George Kniest was convicted in the Circuit Court of St. Francois County of first-degree assault and armed criminal action.   He was sentenced to twenty years' imprisonment on each count, to run consecutively.   Kniest later filed a declaratory judgment action in the Circuit Court of Cole County, alleging that the Department of Corrections had improperly applied an 85% mandatory minimum term to his conviction for armed criminal action, and that the designation of first-degree assault as a dangerous felony, subject to an 85% mandatory minimum term, violates the equal protection clauses of the Missouri and United States Constitutions, because it purportedly punishes first-degree assault more severely than other, more serious offenses.   The circuit court granted the Department of Corrections judgment on the pleadings.   Kniest appeals.   We affirm.   Because a published opinion would have no precedential value, an unpublished memorandum setting forth the reasons for this order has been provided to the parties.   Rule 84.16(b).

The Honorable Paul C. Wilson, Judge