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CANALE v. DEPARTMENT OF CORRECTIONS, STATE

No. WD 65239.

194 S.W.3d 364 (2006)

Nicholas A. CANALE, Respondent, v. DEPARTMENT OF CORRECTIONS, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

June 20, 2006.

Attorney(s) appearing for the Case

Stephen D. Hawke, Jefferson City, MO, for appellant.

Karen Bourgeois, Columbia, MO, for respondent.

Before SMITH, P.J., NEWTON and HARDWICK, JJ.

LISA WHITE HARDWICK, Judge.

The Missouri Department of Corrections (MDOC) appeals from a declaratory judgment in favor of Nicholas Canale. MDOC contends the circuit court erred in determining the minimum prison time Canale must serve based on the number of his prior prison commitments. We agree and reverse the judgment.

FACTUAL AND PROCEDURAL HISTORY

On March 4, 2002, Canale was convicted of stealing and...

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