Valentine v. State

I respectfully dissent. I would reverse and remand with directions to allow credit for the 227 days of jail time served by movant prior to sentencing. I would do away with “dead time”, which is what I think the legislature intended.

The principal opinion states that the amendment in 1971 to § 546.615, RSMo 1959 “would not have retroactive effect and therefore has no application to the question before us”, citing State v. Whiteaker, 499 S.W.2d 412 (Mo.1973). I do not agree that such is the holding of the Whiteaker case. The question of whether the amended statute would apply to jail time served…