Missouri Court of Appeals, Western District / Jul 31, 2018
Edward Dunn vs. Anne Precythe
Edward Dunn appealed the dismissal of his petition for declaratory judgment, seeking credit against his sentence for time spent on electronic home detention and alcohol monitoring while out on bond awaiting trial. The trial court dismissed his petition for failure to state a claim. The Missouri Court of Appeals, Western District, affirmed the dismissal, holding that time spent on bond under house arrest conditions does not qualify as "time in prison, jail or custody" for mandatory sentence credit under section 558.031.1, RSMo. The court also found no procedural error in the dismissal.