Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Elliott v. Norman

Court of Appeals of Missouri, Western District, Second Division

May 26, 2015

RICARDO ELLIOTT, Respondent,
v.
JEFF NORMAN, Appellant

Page 228

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

Ronald S. Ribaudo, Ballwin, MO, for respondent.

Caroline M. Coulter, Jefferson City, MO, for appellant.

Before Division Two: Lisa White Hardwick, Presiding Judge, Victor C. Howard, Judge and Cynthia L. Martin, Judge. All concur.

OPINION

Page 229

Cynthia L. Martin, Judge

Boonville Correctional Center Warden Jeff Norman (" Warden" ) appeals a judgment awarding Ricardo Elliott (" Elliott" ) jail-time credit. Warden argues that the trial court erred by determining that Elliott's custody in Missouri jails after he was sentenced on a federal charge was related to Missouri charges. Warden also argues that the trial court erred by awarding Elliott jail-time credit for time spent in Missouri jails after he was sentenced on his Missouri charges. We affirm in part and reverse in part.

Factual and Procedural History[1]

The material facts in this case are uncontroverted. On April 15, 1997, Elliott committed the Missouri offenses of first-degree assault, attempted first-degree robbery, and two counts of armed criminal action in St. Louis County (" Missouri charges" ). Because Elliott was in possession of a firearm, and was already a felon, he also committed the federal offense of felon in possession of a firearm (" Federal charge" ).

On May 18, 1997, Elliott was arrested by the St. Louis County Sheriff's Office and detained in the St. Louis County Jail from May 18, 1997, through May 19, 1997, when he was released. After a criminal complaint was filed in the Circuit Court of St. Louis County, a warrant was issued for

Page 230

Elliott's arrest on the Missouri charges on June 3, 1997.

On June 5, 1997, Elliott was indicted on the Federal charge, and a warrant was issued for Elliott's arrest. Elliott was arrested on the Federal charge and confined in the Ste. Genevieve County Jail beginning on June 13, 1997.

On June 17, 1997, the United States District Court for the Eastern District of Missouri ordered that Elliott would not be released on bond from the Ste. Genevieve County Jail pending trial on the Federal charge in part because an arrest warrant was outstanding on the Missouri charges. On June 19, 1997, a St. Louis County grand jury indicted Elliott on the Missouri charges.

Elliott pled guilty to the Federal charge on November 21, 1997, and was sentenced to forty-four months in federal prison. Elliott remained in the Ste. Genevieve County Jail until December 30, 1997, when he was transported to a federal prison in Greenville, Illinois. According to the jail-time endorsement generated by the Ste. Genevieve County Jail, Elliott spent 200 days in the Ste. Genevieve County Jail from June 13, 1997, to December 30, 1997.

On June 9, 1998, Elliott returned to Missouri and was placed in the St. Louis County Jail awaiting trial on the Missouri charges. A jury convicted Elliott of the Missouri charges on January 21, 1999.

On February 26, 1999, the trial court found Elliott to be a prior and persistent offender and sentenced him to twenty years each for first-degree assault and both counts of armed criminal action, and to fifteen years for attempted first-degree robbery, to be served in the Missouri Department of Corrections (" Department" ). The trial court ordered all of the sentences to run concurrently with each other and with Elliott's federal sentence. Because Elliott's federal sentence was not yet complete, Elliott was returned to the federal prison in Illinois on March 24, 1999. According to the jail-time endorsement generated by the St. Louis County Jail, Elliott spent 289 days in the St. Louis County Jail from June 9, 1998, through March 24, 1999.

Elliott completed his federal sentence on August 29, 2000. He was transported that day to the St. Louis County Jail for delivery to the Department. According to the jail-time endorsement generated by the St. Louis County Jail, Elliott spent three days in the St. Louis County Jail from August 29, 2000, through August 31, 2000, when he was delivered into the custody of the Department. The Department's records show that Elliott's Missouri sentences commenced on February 26, 1999, the day he was sentenced on the Missouri charges, and not on August 31, 2000, the day he was delivered into the custody of the Department.

In 2005, the Department awarded Elliott 262 days of jail-time credit for the time he spent in the St. Louis County Jail on May 18, 1997, and May 19, 1997, and in 1998 and early 1999 awaiting trial on the Missouri charges. In 2012, the Department rescinded its award of 262 days of jail-time credit and informed Elliott that he would instead receive only 2 days of jail-time credit for the time he spent in the St. Louis County Jail on May 18, 1997, and May 19, 1997.

On July 23, 2013, Elliott filed a petition for declaratory judgment seeking 492 days of jail-time credit for time spent in Missouri jails on the following dates: May 18, 1997, through May 19, 1997; June 12, 1997,[2] through December 30, 1997; June 9, 1998,

Page 231

through March 24, 1999; and August 29, 2000, through ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.