State ex rel. Anthony Ashford, Petitioner, v. Larry Rowley, Superintendent(FN1), Respondent and Circuit Court of Cole County, Respondent.
Decision date: UnknownSC85171
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Opinion
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion
Case Style: State ex rel. Anthony Ashford, Petitioner, v. Larry Rowley, Superintendent(FN1), Respondent and Circuit Court of Cole County, Respondent. Case Number: SC85171 Handdown Date: 11/04/2003 Appeal From: ORIGINAL PROCEEDING IN MANDAMUS Counsel for Appellant: Anthony Ashford Counsel for Respondent: Stephen D. Hawke Opinion Summary: The circuit court ordered Anthony Ashford to pay the crime victim's compensation fund $26 and $68 for crimes occurring in March 1981. He seeks mandamus relief from this Court. PEREMPTORY WRIT ORDERED TO ISSUE. Court en banc holds: The circuit court's judgments exceed those allowed by law. Section 595.045, RSMo Supp. 1981, which creates the crime victim's compensation fund, cannot be applied to crimes occurring before its effective date of October 1, 1981. Citation: Opinion Author: PER CURIAM Opinion Vote: PEREMPTORY WRIT ORDERED TO ISSUE. White, C.J., Wolff, Benton, Stith, Price and Limbaugh, JJ., and Rahmeyer, Sp. J., concur. Teitelman, J., not participating. Opinion: The Cole County Circuit Court entered judgments that Anthony Ashford pay the crime victim's compensation fund $26 and $68 for crimes occurring on March 12, 1981. The statute creating the crime victim's compensation fund, section
595.045, RSMo Supp. 1981, cannot be applied to crimes occurring before October 1, 1981 - its effective date. Herron v. State, 728 S.W.2d 569, 572 (Mo. App. 1987); Wright v. State, 677 S.W.2d 425, 425-26 (Mo. App. 1984); State v. Davis, 645 S.W.2d 160, 162-63 (Mo. App. 1982). The Cole County judgments exceed those allowed by law. The Cole County Circuit Court is added as a party. State ex rel. Breckenridge v. Sweeney, 920 S.W.2d 901, 904 (Mo. banc 1996). A peremptory writ is issued for that court to correct its sentences. This Court's previously issued alternative writ is quashed. Ashford's other claims for relief are rejected. Footnotes: FN1. This action was originally brought against Linda Sachse, as acting superintendent. Larry Rowley has become superintendent and is substituted under Rule 52.13(d). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
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