Harris v. Wallace
| Citation | 524 S.W.3d 88 |
| Decision Date | 28 March 2017 |
| Docket Number | No. WD 78256.,WD 78256. |
| Parties | Jim HARRIS, Jr., Appellant, v. Ian WALLACE, et al., Respondent. |
| Court | Court of Appeal of Missouri (US) |
524 S.W.3d 88
Jim HARRIS, Jr., Appellant,
v.
Ian WALLACE, et al., Respondent.
No. WD 78256.
Missouri Court of Appeals, Western District.
OPINION FILED: March 28, 2017
Motion for Rehearing and/or Transfer to Supreme Court Denied April 27, 2017
Application for Transfer Denied August 22, 2017
Jim Harris, Appellant Pro Se.
Andrew T. Bailey and Stephen D. Hawke, Jefferson City, MO, for respondent.
Before Division Three: Karen King Mitchell, Presiding Judge, Victor C. Howard, Judge and Gary D. Witt, Judge
Gary D. Witt, Judge
Jim Harris, Jr. ("Harris") appeals from a judgment granting Warden Ian Wallace's ("DOC") summary judgment motion, finding that the Missouri Department of Corrections correctly calculated and awarded Harris jail time credit. Harris argues that he should have been awarded an additional 772 days of jail time credit for time he spent in the U.S. Marshal's custody. We dismiss Harris's appeal for lack of jurisdiction.
Factual and Procedural History
Harris is serving a fifteen-year sentence from the Scott County Circuit Court for first-degree assault. Harris is also serving a total sentence of 300 months incarceration due to his conviction in federal court
for interference with commerce by threat of violence, possession of a firearm in furtherance of a crime of violence, and felon in possession of ammunition. The Scott County Circuit Court sentence runs concurrently with the federal sentences.
Harris received 103 days of jail time credit, which represented the days between the date of his arrest (February 18, 2010) and the date he was surrendered to the U.S. Marshal (April 19, 2010). On February 7, 2014, Harris filed a petition for declaratory judgment in the Cole County Circuit Court, alleging that he should have received 875 days of jail time credit, representing the period between the date of his arrest (February 18, 2010) and the day of sentencing by the Scott County Circuit Court (July 12, 2012). Harris acknowledged he had already received 103 days of jail time credit but...
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