Montrel Mosby v. Anne Precythe
570 S.W.3d 635
Mo. Ct. App.2019Background
- Montrel Mosby is serving three consecutive Missouri Department of Corrections (MDOC) sentences (7 years in Case One, 13 years in Case Two, 3 years in Case Three) totaling 23 years.
- Mosby was arrested on July 23, 2015 for the offense in Case Three and remained in custody until MDOC received him on July 14, 2016.
- Mosby already received jail-time credit for that July 23, 2015–July 14, 2016 period applied to his Case One sentence.
- Mosby filed a declaratory-judgment petition under § 558.031 asking that the same period of pre-sentence custody be credited to his Case Three sentence.
- The trial court granted MDOC’s motion to dismiss (entered effectively as judgment on the pleadings). The court of appeals affirmed, concluding the statute bars credit for the same custody period against consecutive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mosby is entitled to pre-sentence jail credit (7/23/2015–7/14/2016) against his Case Three sentence | Mosby: the custody time was "related to" Case Three, so § 558.031 requires credit against that sentence | MDOC: the custody period already was credited to Case One and § 558.031(1) allows such credit only once for consecutive sentences | Held: Denied. The statute’s plain language forbids applying the same period of custody more than once for consecutive sentences; Mosby already received credit for Case One, so no additional credit for Case Three |
Key Cases Cited
- Gerke v. City of Kan. City, 493 S.W.3d 433 (Mo. App. W.D. 2016) (motion-to-dismiss de novo review)
- Vogt v. Emmons, 158 S.W.3d 243 (Mo. App. E.D. 2005) (supporting standard for dismissal review)
- Lynch v. Lynch, 360 S.W.3d 834 (Mo. banc 2008) (pleading sufficiency standard)
- Russell v. Healthmont of Mo., LLC, 348 S.W.3d 784 (Mo. App. W.D. 2011) (scope of declaratory-judgment pleading)
- Leuchtmann v. Missouri Dep’t of Corrections, 86 S.W.3d 475 (Mo. App. W.D. 2002) (trial court should not decide merits when dismissing for failure to state a declaratory-judgment claim)
- State ex rel. American Eagle Waste Indus. v. St. Louis Cnty., 272 S.W.3d 336 (Mo. App. E.D. 2008) (declaratory-judgment pleading principles)
- State ex rel. Chastain v. City of Kansas City, 289 S.W.3d 759 (Mo. App. W.D. 2009) (same)
- State v. Riley, 761 S.W.2d 745 (Mo. App. E.D. 1988) (precluding duplicate jail-credit for consecutive sentences)