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STATE EX REL. DUNN v. BYLAND

No. ED 87396.

209 S.W.3d 41 (2006)

STATE ex rel. Edward DUNN, Respondent/Petitioner, v. Phyllis BYLAND, Records Manager, ERDCC & Missouri Department of Corrections, Appellants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

December 12, 2006.

Attorney(s) appearing for the Case

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

Michael T. George, St. Louis, MO, for respondent.

Before CLIFFORD H. AHRENS, P.J., MARY K. HOFF, J., and NANNETTE A. BAKER, J.

ORDER

PER CURIAM.

Phyllis Byland, the records manager with Eastern Reception Diagnostic and Correctional Center, Missouri Department of Corrections ("Byland"), appeals the judgment of the trial court finding in favor of Edward Dunn ("Dunn") and making its preliminary order in mandamus permanent. Byland argues that the trial court erred in holding that the Missouri Department of Corrections cannot count Dunn's 120-day program as a commitment for purposes...

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