Court of Appeals of Missouri, Western District, Third Division
from the Circuit Court of Cole County, Missouri The Honorable
Daniel R. Green, Judge
Karen King Mitchell, Presiding Judge, Victor C. Howard, Judge
and Gary D. Witt, Judge.
D. Witt, Judge.
Harris, Jr. ("Harris") appeals from a judgment
granting Warden Ian Wallace's ("DOC") summary
judgment motion, finding that the Missouri Department of
Corrections correctly calculated and awarded Harris jail time
credit. Harris argues that he should have been awarded an
additional 772 days of jail time credit for time he spent in
the U.S. Marshal's custody. We dismiss Harris's
appeal for lack of jurisdiction.
and Procedural History
is serving a fifteen-year sentence from the Scott County
Circuit Court for first-degree assault. Harris is also
serving a total sentence of 300 months incarceration due to
his conviction in federal court for interference with
commerce by threat of violence, possession of a firearm in
furtherance of a crime of violence, and felon in possession
of ammunition. The Scott County Circuit Court sentence runs
concurrently with the federal sentences.
received 103 days of jail time credit, which represented the
days between the date of his arrest (February 18, 2010) and
the date he was surrendered to the U.S. Marshal (April 19,
2010). On February 7, 2014, Harris filed a petition for
declaratory judgment in the Cole County Circuit Court,
alleging that he should have received 875 days of jail time
credit, representing the period between the date of his
arrest (February 18, 2010) and the day of sentencing by the
Scott County Circuit Court (July 12, 2012). Harris
acknowledged he had already received 103 days of jail time
credit but demanded 772 more days of jail time credit.
moved for summary judgment before the circuit court. The
circuit court granted DOC's summary judgment motion,
concluding that the DOC correctly calculated and awarded
Harris jail time credit. Harris filed a notice of appeal,
which was dismissed as untimely. Harris then filed a motion
for late Notice of Appeal. The motion was granted and Harris
was allowed to file a Notice of Appeal on or before March 13,
2015. Harris tendered a Notice of Appeal on February 24,
2015, without a docket fee, statement citing specific
statutory authority demonstrating a docket fee is not
required by law, or motion to prosecute the appeal in
forma pauperis. On May 6, 2015, Harris filed a Notice of
Appeal and a motion to prosecute the appeal in forma
every appeal, we are required to examine our jurisdiction
sua sponte. Spicer v. Donald N. Spicer Revocable
Living Trust, 336 S.W.3d 466, 468 (Mo. banc 2011).
"The timely filing of a notice of appeal is a
jurisdictional requirement." Relaxation, Inc. v.
RIS, Inc., 452 S.W.3d 743, 751 (Mo. App. W.D. 2015). If
the notice of appeal is untimely, we are without jurisdiction
and must dismiss the appeal. Id.
81.04(e) states "[t]he trial clerk shall note on a
notice of appeal the date it was received if it is
accompanied by: (1) the docket fee; (2) a statement citing
specific statutory or other authority demonstrating a docket
fee is not required by law; or (3) a motion to prosecute the
appeal in forma pauperis." In Missouri
paying the docket fee is a jurisdictional requirement for an
effective appeal. State ex rel. Anderson v.
Anderson, 186 S.W.3d 924, 925 (Mo. App. S.D. 2006)
(citing In re Application of Holt, 518 S.W.2d 451,
453 (Mo. App. 1975). "Numerous cases have held that
'there can be no valid filing of a notice of appeal until
the docket fee is paid.'" Id.
Notice of Appeal was to be filed on or before March 13, 2015.
The trial clerk was prohibited from filing the tendered
Notice of Appeal on February 24, 2015 because it was without
any docket fee, statement citing specific statutory authority
demonstrating a docket fee is not required by law, or motion
to prosecute the appeal in forma pauperis. Only when
the Notice of Appeal was accompanied with the motion to
prosecute the appeal in forma pauperis on May 6,
2015 was it legally filed. Because the last day to timely
file a Notice of Appeal was March 13, 2015, the filing on May
6, 2015, being 54 days too late, was untimely. We dismiss
Harris's appeal for lack of jurisdiction.