Wagner v. Bowyer

Introduction

Appellant Benjamin W. Wagner ("Wagner") appeals from the circuit court's dismissal of his petition for declaratory judgment against Tamara Bowyer1 ("the State"). In his sole point on appeal, Wagner argues the circuit court erred in dismissing his petition because the newly amended Section 558.019.32 abrogates the requirement that he serve a minimum of eighty-five percent of his sentence as a dangerous felony offender. Because the revised statute does not retroactively apply to his offenses and does not distinguish between plea findings and guilty jury verdicts, the circuit court…