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MITCHELL v. MISSOURI DEPARTMENT OF CORRECTIONS

No. WD 66854.

221 S.W.3d 449 (2007)

Edward C. MITCHELL, Respondent, v. MISSOURI DEPARTMENT OF CORRECTIONS, Appellant.

Missouri Court of Appeals, Western District.

May 9, 2007.

Attorney(s) appearing for the Case

Stephen D. Hawke, Assistant Attorney General, Jefferson City, MO, for appellant.

Jeannie M. Willibey, Kansas City, MO, for respondent.

Before JAMES M. SMART, JR., Presiding Judge, JOSEPH M. ELLIS, Judge and EDWIN H. SMITH, Judge.

ORDER

PER CURIAM.

The Missouri Department of Corrections appeals from a declaratory judgment entered in the Circuit Court of Cole County declaring that Edward Mitchell's prior incarceration under the 120-day callback provisions of § 559.115 was not a "previous prison commitment" for purposes of calculating his mandatory minimum prison term under § 558.019 and ordering the Department of Corrections to recalculate his mandatory minimum term...

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