KNIEST v. Missouri Department of Corrections ( 2011 )


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  • 347 S.W.3d 549 (2011)

    George M. KNIEST, Appellant,
    v.
    MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

    No. WD 72858.

    Missouri Court of Appeals, Western District.

    June 14, 2011.
    Motion for Rehearing and/or Transfer to Supreme Court Denied August 2, 2011.
    Application for Transfer Denied October 4, 2011.

    George M. Kniest, Appellant pro se.

    Michael J. Spillane, Jefferson City, MO, for respondent.

    Before: GARY D. WITT, P.J., and JAMES E. WELSH and ALOK AHUJA, JJ.

    ORDER

    PER CURIAM.

    Appellant George Kniest was convicted in the Circuit Court of St. Francois County of first-degree assault and armed criminal action. He was sentenced to twenty years' imprisonment on each count, to run consecutively. Kniest later filed a declaratory judgment action in the Circuit Court of Cole County, alleging that the Department of Corrections had improperly applied an 85% mandatory minimum term to his conviction for armed criminal action, and that the designation of first-degree assault as a dangerous felony, subject to an 85% mandatory minimum term, violates the equal protection clauses of the Missouri and United States Constitutions, because it purportedly punishes first-degree assault more severely than other, more serious offenses. The circuit court granted the Department of Corrections judgment on the pleadings. Kniest appeals. We affirm. Because a published opinion would have no precedential value, an unpublished memorandum setting forth the reasons for this order has been provided to the parties. Rule 84.16(b).

Document Info

Docket Number: WD 72858

Judges: Witt, Welsh, Ahuja

Filed Date: 6/14/2011

Precedential Status: Precedential

Modified Date: 11/14/2024