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WOLFE v. MISSOURI DEPT. OF CORRECTIONS

No. WD 65886.

199 S.W.3d 219 (2006)

Nathan E. WOLFE, Respondent, v. MISSOURI DEPARTMENT OF CORRECTIONS, Appellant.

Missouri Court of Appeals, Western District.

August 29, 2006.

Attorney(s) appearing for the Case

Craig A. Johnston, Assistant State Public Defender, Columbia, MO, for Respondent.

Jeremiah W. (Jay) Nixon, Atty. Gen., Michael J. Spillane, Assistant Attorney General, Jefferson City, MO, for Appellant.

Before HOWARD, C.J., and BRECKENRIDGE and HARDWICK, JJ.

VICTOR C. HOWARD, Chief Judge.

The Missouri Department of Corrections ("MDOC") appeals from the motion court's grant of summary judgment in favor of Nathan Wolfe on his petition seeking a declaration that the minimum prison term he must serve under section 558.0191 prior to his first parole eligibility is thirty-four years (with credit for pre-conviction and sentencing jail time), and not until he reaches age seventy in July 2053, as is...

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