Timothy Dugger, Appellant v. Dora Schriro, Respondent

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: Timothy Dugger, Appellant v. Dora Schriro, Respondent Case Number: WD57906 Handdown Date: 06/13/2000 Appeal From: Circuit Court of Cole County, Hon. Thomas J. Brown, III Counsel for Appellant: Timothy Dugger, Pro Se Counsel for Respondent: Cassandra Dolgin Opinion Summary: Timothy Dugger appeals the circuit court's judgment on the pleadings for the director of the Department of Corrections. He argues that he deserves to have 272 days of jail time credited against his nine-year prison sentence. DISMISSED. Division holds: The appeal is moot because the director concedes that Dugger should receive credit for 336 days in jail. Citation: Opinion Author: Paul M. Spinden, Judge Opinion Vote: DISMISSED. Newton, P.J. and Smart, Jr., J., concur. Opinion: Timothy Dugger appeals the circuit court's judgment on the pleadings for Dora Schriro. Dugger, an inmate serving concurrent prison sentences for forgery and stealing, filed a declaratory judgment action contending that Schriro, director of the Department of Corrections, was using a policy concerning credit for jail time that she refused to disclose and was contrary to state law. He asserted that he should have received credit for 272 days in jail against his nine-year prison sentence. Schriro responds that, from her reading of Goings v. Missouri Department of Corrections, 6 S.W.3d 906 (Mo. banc

1999), she has determined that Dugger is entitled to jail time credit of 336 days and has credited him with this time. Dugger's appeal is, therefore, moot, and we dismiss it. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.