Talley v. Missouri Department of Corrections

LISA WHITE HARDWICK, Judge.

David Talley appeals from a summary judgment ruling that he must serve at least eighty percent of his twenty-one year sentence for armed criminal action, pursuant to the minimum prison term provisions of Section 558.019. 1 Because the Cole County Circuit Court erred in applying the law, we reverse and remand.

Factual and PROCEDURAL History

On March 18, 1992, a Jackson County jury convicted Talley of first-degree robbery, Section 569.020, and armed criminal action, Section 571.015. Talley was sentenced, as a prior and persistent class X offender, to consecutive prison…