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Duncan v. Missouri Department of Corrections2/11/2003
rom March 4, 1999, to January 21, 2000, should be credited to the sentences imposed in both convictions.Standard of Review for Declaratory Judgment When reviewing a declaratory judgment, the standard of review is the same as other court-tried cases. Lakin v. Gen. Am. Mut. Holding Co., 55 S.W.3d 499, 502 (Mo.App. W.D. 2001) (citing Guyer v. City of Kirkwood, 38 S.W.3d 412, 413 (Mo. banc 2001)). The trial court's decision will be affirmed unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares the law, or unless it erroneously applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). The primary concern on appeal is whether the trial court reached a correct result, regardless of the reasoning used. Cronin v. State Farm & Cas. Co., 958 S.W.2d 583, 584 (Mo.App. W.D. 1997) (citing Graue v. Mo. Prop. Ins. Placement Facility, 847 S.W.2d 779, 782 (Mo. banc 1993)). DiscussionMr. Duncan is entitled to jail time credit from March 4, 1999, to January 21, 2000, on his St. Francois County conviction (the second of two separate convictions) if this time in custody is "related to that offense." Section 558.031.1, RSMo Cum. Supp. 1998, provides, in pertinent part:
A sentence of imprisonment shall commence when a person convicted of a crime in this state is received into custody of the department of corrections or other place of confinement where the offender is sentenced. Such person shall receive credit toward the service of a sentence of imprisonment for all time in prison, jail or custody after the offense occurred and before the commencement of the sentence, when the time in custody was related to that offense. . ..
The statute allows a person convicted of a crime to receive credit for time spent in confinement as long as the "time in custody was related to that offense." The purpose of providing a credit is to "insure that an indigent accused awaiting trial does not serve a longer term than an accused able to meet [bail], who can thereby avoid confinement before trial and sentence." Davis v. State, 829 S.W.2d 610, 611 (Mo.App. E.D. 1992); see also Goings v. Mo. Dep't. of Corr., 6 S.W.3d. 906, 908 (Mo. banc 1999) (citing State ex rel. Blackwell v. Sanders, 615 S.W.2d 467, 469 (Mo.App. E.D. 1981)). " ail time sought to be credited must bear some relation to the crime and sentence imposed." Davis, 829 S.W.2d at 611 (citing Viers v. State, 755 S.W.2d 617, 618 (Mo.App. W.D. 1988)).
In Mr. Duncan's first point on appeal, he claims that the purpose of the statute is undermined if he is denied 324 days of jail time credit because he was indigent and unable to post bail for either the probation revocation warrant on the Madison County DWI charge or the St. Francois County DWI charge. The State argues that he was not eligible for release on bail following the revocation of his probation. Both arguments are unavailing. Mr. Duncan's argument lacks merit because during the time period for which he seeks jail time credit, he was serving the sentence executed after revocation of his probation for the Madison County DWI and was not eligible for bail. As to the State's argument, whether Mr. Duncan was a probation violator has no effect on whether the statute applies to this case. Goings, 6 S.W.3d at 908 (denying the State's argument that the statute should not be applied to the defendant because, as a parole violator, he was not entitled to be free on bond pending his sentencing on another charge). The statute's sole requirement is that his confinement during the time he was in custody be "related" to the St. Francois County charge.
Mr. Duncan also argues in his first point that he would have remained in cu
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