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Barnes v. Missouri Dep't of Corrections

Court of Appeals of Missouri, Western District, First Division

April 21, 2015

KEVIN D. BARNES, Appellant,
v.
MISSOURI DEPARTMENT OF CORRECTIONS, Respondent

Appeal from the Circuit Court of Cole County, Missouri. The Honorable Daniel R. Green, Judge.

For Appellant: Laura G. Martin, District Defender, Kansas City, MO.

For Respondent: Chris Koster, Attorney General, Gregory M. Goodwin, Assistant Attorney General, Jefferson City, MO.

Before Division One: James Edward Welsh, Presiding Judge, and Thomas H. Newton and Karen King Mitchell, Judges. James Edward Welsh, Presiding Judge, and Thomas H. Newton, Judge, concur.

OPINION

Page 607

Karen King Mitchell, Judge

Kevin Barnes appeals the grant of summary judgment in favor of the Missouri Department of Corrections (DOC) on his declaratory judgment action, which sought a declaration that he was entitled to 591 days of jail-time credit on his current four-year term of imprisonment arising out of Holt County. Because the trial court committed no error, we affirm.

Background

On January 21, 2004, Barnes began serving concurrent prison terms of three and seven years, arising out of convictions from Greene and Howell Counties, respectively. Barnes then went through a series of parole releases and revocations on the sentences until his final parole release on February 22, 2007. In September 2007, Barnes was arrested and charged with two new crimes in Holt County. Consequently, on September 20, 2007, his parole on the Greene and Howell County cases was revoked, and Barnes was delivered to the custody of DOC.

On October 3, 2007, Barnes pled guilty to the Holt County charges and received concurrent terms of four years imprisonment and 30 days in the county jail. The four-year term was imposed under section 559.115,[1] which provides for a 120-day treatment program, at the end of which the individual may be released on probation.

Page 608

Though DOC ultimately deemed Barnes ineligible for treatment, the sentencing court nevertheless chose to suspend the execution of his four-year sentence and place him on a five-year period of probation to commence at the end of the 120-day prison term, which was January 31, 2008.

Despite being placed on probation beginning January 31, 2008, Barnes remained in DOC custody on the Greene and Howell County cases until September 14, 2009, when those sentences were finally completed. At that time, Barnes was released from custody but remained on probation for the Holt County convictions until November 7, 2012, when his probation was revoked. The court then executed the previously imposed four-year prison term. In doing so, the court did not order any probation-time credit to be applied to Barnes's sentence.

After he was delivered to the custody of DOC, Barnes learned that he would not be receiving any jail-time credit from the period of January 31, 2008 (when he was placed on probation for the Holt County charges), through September 14, 2009 (when he was finally released from the Greene and Howell County sentences), even though he had been in DOC custody during those ...


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