KNIEST v. Missouri Department of Corrections

347 S.W.3d 549

• Court: Missouri Court of Appeals
• Decided: June 14, 2011
• Docket: WD 72858
• Status: Published

Opinion

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 Because a published opinion would have no precedential value, an unpublished memorandum setting forth the reasons for this order has been provided to the parties.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).