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TALLEY v. MISSOURI DEPT. OF CORRECTIONS

No. WD 65319.

210 S.W.3d 212 (2006)

David TALLEY, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 1, 2006.

Application for Transfer Denied January 30, 2007.

Attorney(s) appearing for the Case

David Talley, Licking, MO, pro se.

Shaun J. Mackelprang, Jefferson City, MO, for Respondent.

Before EDWIN H. SMITH, C.J., NEWTON and HARDWICK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 1, 2006.

LISA WHITE HARDWICK, Judge.

David Talley appeals from a summary judgment ruling that he must serve at least eighty percent of his twenty-one year sentence for armed criminal action, pursuant to the minimum prison term provisions of Section 558.019.1 Because the Cole County Circuit Court erred in applying the law, we reverse and remand.

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