FITZGERALD v. MISSOURI DEPARTMENT OF CORRECTIONS (2021)

Missouri Court of Appeals, Western District.

Lawrence FITZGERALD, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

WD 83947

Decided: March 02, 2021

Before Division One: Alok Ahuja, P.J., and Thomas H. Newton and Thomas N. Chapman, JJ.

Taylor L. Rickard, Kansas City, for appellant. Evan Rodriguez, Jefferson City, for respondent.

ORDER

Lawrence Fitzgerald was convicted in the Circuit Court of St. Louis County of two counts of second-degree assault, and sentenced to concurrent seven-year terms of imprisonment. Fitzgerald is currently serving his sentences in the custody of the Department of Corrections. He filed a petition for declaratory relief in the Circuit Court of Cole County, contending that the Department had failed to give him proper credit against his sentences for the time he was incarcerated before his convictions, as required by § 558.031.1, RSMo. The circuit court granted the Department's motion for summary judgment, finding that it had properly calculated the jail-time credit to which Fitzgerald was entitled. Fitzgerald appeals. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM:

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