This case starts off with the state filing a felony charge and defendant sits in jail awaiting his trial. 13 months later the state dismisses, but immediately that same day, the state refiles against defendant with added felony charges. 4 months later the state amends/changes the charge to a misdemeanor, defendant pleads guilty, and is sentenced to 1 year in jail. Defendant thought he would be released the day he plead guilty since he already had 17 months of jail time served……but the judge denied defendant full credit for time served. Defendant appeals (and horribly sits in jail pending the appeal).
The appellate court ordered defendant immediately released from custody. The court explained that in Missouri a sentence imposed “shall commence when a person convicted of a crime in this state is received into the 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…”. See Missouri Revised Statute section 558.031.1.
The court went on further to say the trial court judge’s decision in this case to deny credit for time served was “without legal authority”.
In re Andrew J. Kory v. Bob Gray, Jail Administrator, No. 79273, (Mo. App. W.D., January 5, 2016).