Pursuant to the terms of the statute, he then began serving the fourteen-year sentence imposed on him at his sentencing. The nature of Huffman's initial point is a claim that the evidence was insufficient to establish his guilt. He claims on appeal that the alleged recipe was not adequate to successfully produce methamphetamine. However, we have no jurisdiction to do so. There is therefore no right of review by way of an action for declaratory relief.
Point is denied.
Huffman recognizes that under section 217.362 RSMo 1994, the execution of the previously-suspended sentence is required when an offender fails to complete the drug treatment program. He argues, however, that the department is not vested with the authority to order the execution of sentence. Appellant cites the separation of powers provisions of Missouri's constitution and sections 557.036 and 559.100 RSMo 1994. Huffman argues that only the circuit court imposing the sentence has the authority to revoke its previous order suspending execution of sentence. Appellant cites State ex rel.