CLEMONS v. MISSOURI DEPARTMENT OF CORRECTIONS (2023)

Missouri Court of Appeals, Western District.

Reginald CLEMONS, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

WD 85087

Decided: January 24, 2023

Before Division Three: Karen King Mitchell, Presiding Judge, Cynthia L. Martin, Judge, Anthony Rex Gabbert, Judge

Edward S. Thompson, Saint Louis, MO, Counsel for Appellant. Gregory M. Goodwin, Jefferson City, MO, Counsel for Respondent.

ORDER

Reginald B. Clemons appeals the circuit court's grant of the Missouri Department of Corrections’ (DOC) Motion for Judgment on the Pleadings on Clemons's Motion for Declaratory Judgment wherein Clemons contended that his jail-time credit had been incorrectly applied. On appeal, Clemons argues that the circuit court erred in granting the DOC's motion because it misapplied Section 558.031.4 and overlooked that the DOC is attempting to impose a de facto consecutive sentence by not applying the time served on his vacated death sentences to his fifteen-year sentence for offering violence to a correctional officer. We affirm. Rule 84.16(b).

Per Curiam:

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