(Download) "Matter Virgil Lewis Turley" by Missouri Court of Appeals St. Louis District ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Virgil Lewis Turley
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 12, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Petitioner brought this proceeding to have determined the applicability of Sections 546.615 and 221.180 1 to his sentence of one year in the St. Louis City Workhouse. Upon our determination that both sections were applicable we ordered petitioner discharged if the respondent wardens determined that he had served his sentence in an orderly and peaceable manner. We issue this opinion to clarify for the Bar and Circuit Courts our Conclusions regarding sentencing under these statutory provisions. Petitioner was arrested on August 6, 1972, for shooting into a dwelling house (§ 562.070) and carrying a concealed weapon (§ 564.610), both graded felonies. He was placed in City Jail on August 10, 1972 to await trial. On February 15, 1973 he pleaded guilty to both offenses and was sentenced to two concurrent one year terms in the Workhouse. 2 The trial court disallowed petitioner credit for the time he had spent in jail awaiting trial from August 10 until February 15. Petitioner was advised by the trial Judge that workhouse time was ""flat time"" not subject to the provisions of § 546.615. In his writ to this court petitioner asserted that that section applies to all felonies regardless of where served and that when he receives credit for jail time plus credit under § 221.180 (the three-fourths rule) he is entitled to be released.