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DUNCAN v. MISSOURI DEPT. OF CORRECTIONS

No. WD 61427.

96 S.W.3d 925 (2003)

Ronald DUNCAN, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

Missouri Court of Appeals, Western District.

February 11, 2003.

Attorney(s) appearing for the Case

Ronald Duncan, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, for respondent.

Before THOMAS H. NEWTON, P.J., ROBERT G. ULRICH and EDWIN H. SMITH, JJ.

ROBERT ULRICH, Judge.

Ronald Duncan ("Mr. Duncan") appeals the judgment of the trial court denying his petition for declaratory judgment. Mr. Duncan sought to challenge the Department of Corrections' ("DOC") application of section 558.031, RSMo Cum.Supp.1998, to his conviction for Driving While Intoxicated-Alcohol-Persistent Offender, sections 577.010 and 577.023, RSMo Cum.Supp.1998.1 He claims that he is entitled to 324 days of jail time...

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