SMITH v. MISSOURI DEPT. OF CORRECTIONS

No. WD 59000.

44 S.W.3d 401 (2001)

James SMITH, Appellant Pro Se, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

Missouri Court of Appeals Western District.

Motion for Rehearing and/or Transfer Denied May 1, 2001.


Attorney(s) appearing for the Case

James Smith, Jefferson City, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cassandra Dolgin, Asst. Atty. Gen., Jefferson City, for Respondent.

Before ELLIS, P.J., LOWENSTEIN and BRECKENRIDGE, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 1, 2001.

ORDER

PER CURIAM.

Defendant, by way of declaratory judgment action, challenged the Department of Corrections calculation of his presentence, time-served credit and the constitutionality of § 558.031. His petition was dismissed by the trial court. The court had jurisdiction to address the constitutionality issues raised by the defendant since the Supreme Court had...

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