325 S.W.3d 556
Mo. Ct. App.2010Background
- Dykes is incarcerated serving a sentence for stealing by deceit in St. Louis.
- He seeks credit against his sentence for time held prior to his conviction due to a detainer related to a St. Louis stealing charge.
- Scott County forgery charge: arrested Sep 1, 2004, pled guilty May 27, 2005, and received 18 months; later paroled Aug 24, 2005.
- A detainer/warrant from St. Louis was active during the forgery pretrial period; Dykes allegedly remained in custody due to that detainer.
- Dykes was convicted of the St. Louis stealing offense on Feb 29, 2008, and sentenced to 15 years; he argues for time-served credit under Mo. Rev. Stat. § 558.031.1.
- The circuit court granted the Department of Corrections judgment on the pleadings; the appeal challenges only the credit determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether time from Oct 30, 2004, to May 27, 2005 is creditable | Dykes—credit because detainer related to subsequent offense kept him custody | DOC—no credit unless time is related to the subsequent offense under law | Credit is due for this period |
| Whether time from May 27, 2005, to Aug 24, 2005 is creditable | Dykes—time related to forgery should credit stealing sentence | DOC—no credit since custody would have occurred regardless of the later offense | Credit not allowed for this period |
Key Cases Cited
- Goings v. Missouri Dep't of Corr., 6 S.W.3d 906 (Mo. banc 1999) (legislative purpose; detainers and relatedness framework)
- Mikel v. McGuire, 264 S.W.3d 689 (Mo.App. W.D. 2008) (time in custody can be related to subsequent offense; triable factual issues if detainer/relatedness uncertain)
- Wallingford v. Mo. Dep't of Corr., 216 S.W.3d 695 (Mo.App. W.D. 2007) (time in custody relates to both offenses when release on one would be blocked by the other)
- State ex rel. Lightfoot v. Schriro, 927 S.W.2d 467 (Mo.App. W.D. 1996) (pre-1995 detainer rule; detainer concept supports credit for time awaiting trial)
- Pettis v. Mo. Dep't of Corr., 275 S.W.3d 313 (Mo.App. W.D. 2008) (time in custody must be related to the offense for credit; bail/relief status matters)
- Belton v. Moore, 112 S.W.3d 1 (Mo.App. W.D. 2003) (unrelated custody where defendant would have been imprisoned anyway)
- Kelly v. Mo. Dep't of Corr., 58 S.W.3d 513 (Mo. banc 2001) (time in custody credit when second offense would prevent release on first)