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CALVIN v. MISSOURI DEPT. OF CORRECTIONS

No. WD 69157.

277 S.W.3d 282 (2009)

Douglas CALVIN, Respondent, v. MISSOURI DEPARTMENT OF CORRECTIONS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 3, 2009.

Attorney(s) appearing for the Case

Ronald S. Ribaudo, Asst. Attorney General, Jefferson City, MO, for appellant.

Jeannie Willibey, Asst. Appellate Defender, Kansas City, MO, for respondent.

Before HAROLD L. LOWENSTEIN, P.J., VICTOR C. HOWARD, and JAMES M. SMART, JR., JJ.

JAMES M. SMART, JR., Judge.

The Missouri Department of Corrections appeals the circuit court's judgment declaring that Douglas Calvin has served every day of his five-year sentence for criminal nonsupport. The department contends that the circuit court improperly credited Calvin with time he served in prison on an unrelated sentence that was later vacated. We affirm.

Facts

The parties stipulated to the facts. In January 1997, Calvin pleaded guilty...

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