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MILLER v. MISSOURI DEPT. OF CORRECTIONS

No. WD 65842.

212 S.W.3d 163 (2006)

Scott A. MILLER, Respondent, v. MISSOURI DEPARTMENT OF CORRECTIONS, and the Board of Probation and Parole, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied January 30, 2007.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephen David Hawke, Asst. Attorney General, joins on the briefs, Jefferson City, MO, for Appellant.

Respondent acting Pro se.

Before EDWIN H. SMITH, C.J., P.J., PATRICIA BRECKENRIDGE, and JAMES M. Smart, Jr., JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 30, 2007.

Order

PER CURIAM.

The Department of Corrections appeals the motion court's grant of a declaratory judgment stating that Scott Miller's prior 120-day callback did not count as a prior commitment for the purpose of determining his mandatory minimum sentence under section 558.019. The Department's main contention is that section 559.115.7 should not apply retroactively...

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